92
EXECUTIVE OFFICE OF THE PRESIDENT COUNCTL ON ENVIRONMENTAL QUALITY C E Q U ~ ~~~~~~~~~~722 JACKSON PLACE, N. W. WASHINGTON. D C. 20008 September 20, 1979 Memorandum For Nicholas Yost Subject: Status of Agency NEPA Procedures A progress report on the NEPA procedures is being prepared for publi- cation in the Federal Register next week. Attached is a working draft status report which we will use for the Federal Register report. It shows the following: Executive Branch Agencies With Significant NEPA Involvement Only DOD and Agriculture (including APH1S, Forest Service and SCS) have departmental procedures in findl. Energy, EPA., HUD (in part), Interior (and 2 of 9 component agencies), TVA, Army Corps, Air Force, Rural Electrification Administration, and DOT (and 3 of 7 components) have issued proposed procedures during the past two months and should have final procedures over the next 6-weeks. Commerce (including NOAA and EDA) is the only major agency without proposed procedures yet (expect proposed procedures imminently). Executive Branch Agencies With Minimal NEPA Involvement CIA, NASA, Eximbank, International Communications Agency, Marine Mammal Commission, and OPIC have final NEPA procedures. GSA, Treasury, Justice (including BuPrisons, INS, and flEA), National Capitol Planning Corn., NSF, Pennsylvania Avenue Development Corp., Postal Service, SEA, Veterans Administration, and the Water Resources Council have issued proposed NEPA procedures during the past 2 months. Some 30 other small agencies have yet to publish proposed procedures. Independent Regulatory Agencies None of the IRBs have final NEPA procedures yet. The CAB, FERC, FCC, Federal Maritime Comm. and FTC have issued proposed NEPA procedures. Key IRBs that still haven't got proposed procedures to the F.R. include the NRC, and ICC (both have final drafts awaiting Commission action). The banking agencies, CPSC, and SEC have a way to go yet before issuing'F proposed procedures.

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EXECUTIVE OFFICE OF THE PRESIDENTCOUNCTL ON ENVIRONMENTAL QUALITYC E Q U ~ ~~~~~~~~~~722 JACKSON PLACE, N. W.

WASHINGTON. D C. 20008

September 20, 1979

Memorandum For Nicholas Yost

Subject: Status of Agency NEPA Procedures

A progress report on the NEPA procedures is being prepared for publi-cation in the Federal Register next week. Attached is a working draftstatus report which we will use for the Federal Register report. Itshows the following:

Executive Branch AgenciesWith Significant NEPA Involvement

Only DOD and Agriculture (including APH1S, Forest Service and SCS) havedepartmental procedures in findl. Energy, EPA., HUD (in part), Interior(and 2 of 9 component agencies), TVA, Army Corps, Air Force, RuralElectrification Administration, and DOT (and 3 of 7 components) haveissued proposed procedures during the past two months and should havefinal procedures over the next 6-weeks. Commerce (including NOAA andEDA) is the only major agency without proposed procedures yet (expectproposed procedures imminently).

Executive Branch AgenciesWith Minimal NEPA Involvement

CIA, NASA, Eximbank, International Communications Agency, Marine MammalCommission, and OPIC have final NEPA procedures. GSA, Treasury, Justice(including BuPrisons, INS, and flEA), National Capitol Planning Corn.,NSF, Pennsylvania Avenue Development Corp., Postal Service, SEA, VeteransAdministration, and the Water Resources Council have issued proposedNEPA procedures during the past 2 months. Some 30 other small agencieshave yet to publish proposed procedures.

Independent Regulatory Agencies

None of the IRBs have final NEPA procedures yet. The CAB, FERC, FCC,Federal Maritime Comm. and FTC have issued proposed NEPA procedures.Key IRBs that still haven't got proposed procedures to the F.R. includethe NRC, and ICC (both have final drafts awaiting Commission action).The banking agencies, CPSC, and SEC have a way to go yet before issuing'Fproposed procedures.

Page 2: OPIC Released Documents 11-20

2

Summary

Of the estimated 86 federal agencies and individual component bureausthat are scheduled to have NEPA procedures, 11 have final procedures, 36have proposed procedures and 39 have yet to issue proposed procedures.This does not include federal agencies which claim they aren't subjectto NEPA (e.g. OMB, CWPS, River Basin Commissions and others adding up tosome 20).

By separate memo to the legal staff I have identified problem agenciesrequiring our highest priority.

Foster KnightCounsel

cc: Gus SpethJane YarnEd StrohbehnMalcolm BaldwinKitty GilimanMichael KaneJim McKenzieBob NicholasBob SmytheLarry Williams

Page 3: OPIC Released Documents 11-20

EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL'QUALITV

722 JACKSON PLACE, N. W.WASHINGTON. D. C. 20006

October 12, 1979

Memorandum For Barbara GrahamJohn SheaCharlotte Bell

Subject: Agency NEFA Procedures--Status Report

Please update the attached Status Report with pen and

ink entries and return it to me by COB Tuesday,October 16th.

Foster KnightCounsel

Attachment

cc: Nicholas Yost

Page 4: OPIC Released Documents 11-20

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October 30, 1979 I E3

Federal RegisterRoo 84011101 L Street, A. W.240Washington, D.C. 208

ATTh: lions Mays

Dear Ms. Rays,

I amq enclosing the Fouzrth Progress Report on AgencyImplementing Procedures Under the National EnvironmentalPolicy Act for publication in the Federal Register atthe earliest possible tiiie.

Your cooperation in publication of the progress reportis greatly appreciated. If there are any questions,please contact me at 395-5750.

Sincerely..

Poster KnightCounsel

Enclosure

Page 15: OPIC Released Documents 11-20

AGENCY: Council on Environmental Quality, Executive Office of the

President

ACTION: Information Only: Publication of Fourth Progress Report on

Agency Implementing Procedures Under the National Environ-

.mental Policy Act

SUMMARY: In response to President Carter's Executive Order 11991, on

November 29, 1978, the Council on Environmental Quality issued regu-

lations implementing the procedural provisions of the National Envi-

ronmental Policy Act ("NEPA"). 43 F.R. 55978-56007; 40 C.F.R. 1500-08)

Section 1507.3 of the regulations provides that each agency of the

Federal Government shall have adopted procedures to supplement the

regulations by July 30, 1979. The Council has indicated to Federal

agencies its intention to publish progress reports en agency efforts to

develop implementing procedures under the NRPA regulations. 'The purpose

of these progress reports, the: fourth of which appears below, is to

provide an update on where agencies stand in this process and to inform

interested persons of when to expect the publication of proposed pro-

cedures for their review and comment.

FOR FURTHER IhFOR1MAT ION CONTACT:

Nicholas C. Yost, General Counsel, Council on Environmental Quality, 722

Jackson Place, N.W., Washington, D.C. 20006; 202-395-5750.

Page 16: OPIC Released Documents 11-20

FOURTH PROGRESS REPORT ON AGENCY IMPLEMENTINGPROCEDURES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT

At the direction of President Carter (Executive Order 11991), on

November 29, 1978, the Council on Environmental Quality issued regu-

lations implementing the procedural provisions of the National Environ-

mental Policy Act ('NEPA"). These regulations appear at Volume 43 of

the Federal Register, pages 55978-56007 and in forthcoming revisions to

Volume 40 of the Code of Federal Regulations, Sections 1500-1508. Their

purpose is to reduce paperwork and delay associated with the environ-

mental review process and to foster environmental quality through better

decisions uinder NEPA.

Section 1507.3 of the NEPA regulations provides that each agency of the

Federal government shall adopt procedures to supplement the regulations.

The purpose of agency."implementing procedures," as they are called, is

to translate the broad standards of the Council's regulations into

practical action in Federal planning and. decisionmaking. Agency pro-

cedures will provide government personnel with'additional, more specific

direction for implementing the procedural provisions of NEPA, and will

inform the public and State and local officials of how the NEPA regulations

will be applied to individual Federal programs and activities.

In the course of developing implementing procedures, agencies are required

to consult with the Council and to publish proposed procedures in the

Federal Register for public review and comment. Proposed procedures

2

Page 17: OPIC Released Documents 11-20

must be revised as necessary to respond to the ideas and suggestions

made during the comment period. Thereafter, agencies are required to

submit the proposed final version of their procedures for 30 day review

by the Council for conformity with the Act and the NEPA regulations.

After making such changes as are indicated by the Council's review,

agencies are required to promulgate their final procedures. Although

CEQ's regulations required agencies to publish their procedures by

July 30, a number of Federal agencies did not meet this deadline.

The Council published its first progress report on agency implementation

procedures on May 7, 1979, its second progress report on July 23, 1979

and its third progress report on September 26, 1979. (44 F.R. 26781-82;

44 P.R. 43037-38; 44 F.R. 55408-55410.) The fourth progress report

appears below. The Council hopes that concerned members of the public

will review and comment upon agency procedures to insure that the

reforms required by President Carter and by the Council's regulations

are implemented. Agencies preparing implementing procedures are listed

under one of the following four categories:

Category # 1: Final Procedures Have Been Published

This category includes agencies whose final procedures have appeared in

the Federal Register.

Central Intelligence Agency, 44 P.R. 45431 (Aug. 2, 1979).

3

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Department of Agriculture, 44 F.R. 44802 (July 30, 1979)

Animal and Plant Health Inspection Service, 44 P.R. 50381

(Aug. 28, 1979) [correction.: -44 P.R. 51272 (Aug. 31, 1979)]

Forest Service, 44 F.R. 44718 (July 30, 1979)

Soil Conservation Service, 44 P.R. 50576 (Aug. 29, 1979)

Department of Defense, 44 F.R. 46841 (Aug. 9, 1979)

Department of Transportation, 44 P.R. 56420 (Oct. 1, 1979)

Environmental Protection Agency, (at the Federal Register)

Export-Import Bank, 44 P.R. 50810 (Aug. 30, 1979)

International Communications Agency, 44 P.R. 45489 (Aug. 2,.1979)

Marine Mammal Commission, 44 P.R. 52837 (Sept. 11, 1979)

National Aeronautics and Space Administration; 44 F.R. 44485 (July 30, 1979)

[correction: 44 P.R. 49650 (Aug. 24, 1979)]

Overseas Private Investment Corporation, 44 P.R. 51385 (Aug. 31, 1979)

[NEFA Procedures are contained in this agency's procedures imple-

menting Executive Order 12114.]

4

Page 19: OPIC Released Documents 11-20

Category 1/2: Proposed Procedures Have Been Published

This category includes agencies whose proposed procedures have appeared

In the Federal Register. Those agencies whose final procedures are

expected within 30 days are marked with a single asterisk (*); those

expected within 60 days by a double asterisk(*)

ACTION, 44 F.R. 60110 (Oct. 18, 1979)

Advisory Council on Historic Preservation, 44 F.R. 40653 (July 12, 1979)*

Agency for International Development, 44 F.R. 56378 (Oct. 1, 1979)

Civil Aeronautics Board, 44 F.R. 45637 (Aug. 3, 1979)

Department of Agriculture

Agriculture Stabilization and Conservation Service, 44 P.R. 44167

(July 27, 1979) [correction: 44 F.R. 43631 (Aug. 3, 1979)]

Rural Electrification.Administration, 44 P.R.:28383 (May 15, 1979)*

Department of Defense

Department of the Air Force, 44 P.R. 44118 (July 26, 1979)*

Department of the Army, Corps of Engineers, 44 F.R. 38292 (June 29,

1979)*

5

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Department of Commerce

National Oceanic and Atmospheric Administration, 44 F.R. 60779

(Oct. 22, 1979)

Department of Energy, 44 F.R. 42136 (July 18, 1979)

Federal Energy Regulatory Commission, 44 F.R. 50052 (Aug. 27, 1979)*

Department of Housing and Urban Development

Community Development Block Grant Program 44 F.R. 45568 (Aug. 2, 1979)*

Department of the Interior, 44 P.R. 40436 (July 10, 1979)*

Bureau of Reclamation, 44 F.R. 47627 (Aug. 14, 1979)

Heritage Conservation and Recreation Service, 44 F.R. 49523

(Aug. 23, 1979)

Department of Justice, 44 P.R. 43751 (July 26, 1979)*

Drug Enforcement Agency, 44 P.R. 43754 (July 26, 1979)*

Immigration and Naturalization Service, 44 F.R. 43754 (July 26, 1979)*

Bureau of Prisons, 44 P.R. 43753 (July 26, 1979)*

Department of State, (at the Federal Register)

Department of Transportation

Coast Guard, 44 P.R. 59306 (Oct. 15, 1979)

Federal Aviation Administration, 44 P.R. 32094 (June 4, 1979)*

6

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Federal Highway Administration, 44 F.R. 59438 (Oct. 15, 1979)

Federal Railroad Administration, 44 F.R. 40174 (July 9, 1979)*

Urban Mass Transportation Administration, 44 F.t. 59438 (Oct. 15, 1979)

Department of the Treasury, 44 P.R. 39692 (July 6, 1979)*

Federal Communications Commission, 44 P.R. 38913 (July 3, 1979)**

Federal Maritime Commission, 44 P.R. 29122 (May 18, 1979)

Federal Trade Commission, 44 P.R. 42712 (July 20, 1979)

General Services Administration, 44 F.R. 33485 (June 11, 1979)*

Public Buildings Program, 44 P.R. 27473 (May 10, 1979)

International Boundary and Water Commission (U.S. Section). 44 F.R. 61665

(Oct. 26, 1979)

National Capitol Planning Commission, 44 P.R. 33185 (June 8,, 1979)*

National Science Foundation, 44 F.R. 46901 (Aug. 9, 1979)**

Pennsylvania Avenue Development Corporation, 44 P.R. 45925 (Aug. 6, 1979)

Postal Service, 44 F.R. 36991 (June 25, 1979)

[Addition - 44 P.R. 52262 (Sept. 7, 1979)1*

7

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Small Business Administration, 44 F.R. 45002 (July 31,' 1979)*

Tennessee Valley Authority, 44 F.R. 39679 (July 6, 1979)*

Veterans Administration, 44 F.R. 482B1 (Aug. 17, 1979)*

Water Resources Council, 44 F.R. 43749 (July 26, 1979)**

Category #3: Anticipate Publication of Proposed Procedures by Nov. 16, 1979

This category includes agencies that are expected to publish proposed

procedures in the Federal Register by Nov. 16, 1979.

Department of Agriculture

Science end Education Administration

Department of Health, Education and Welfare

Food and Drug Administration

Department of Housing and Urban Development

Department of Labor

Federal Emergency Man~agement Agency

Nuclear Regulatory Commission

8

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Category #4: Publication of Proposed Procedures Delayed Bleyond NLov.L 16,__1979

This category includes agencies that are not expected to publish proposed

procedures in the Federal Register by Nov. 16, 1979.

Appalachian Regional Commission

Arms Control and Disarmament Agency

Community ServiceB Administration

Consumer Product Saftey Commission

Department of Agriculture

Farmers Home Administration

Department of Commerce

Economic Development Administration

Department of Defense

Department of the Army

Department of the Navy

Defense Logistics Agency

Department of the Interior

Bureau of Indian Affairs

Bureau of Land Management

9

Page 24: OPIC Released Documents 11-20

Bureau of Hines

Fish and Wildlife Service

Geological Survey

National Park Service

Office of Surface Mining Reclamation and Control

Department of Justice

Law Enforcement Assistance Administration

Department of Transportation

National Highway Traffic.. Safety Administration

Saint Lawrence Seaway Corporation

Farm Credit Administration

Federal Deposit Insurance Corporation

Federal Home Loan Bank Board

Federal Reserve System

Federal Savings and Loan Insurance Corporation

Interstate Commerce Commission

METRO

10

Page 25: OPIC Released Documents 11-20

National Credit Union Administration

Securities and Exchange Commission

The development of agency implementing procedures is a critical stage

in Federal efforts to reform the NEPA process. These procedures must,

of course, be consistent with the Council's regulations and provide the

means for reducing paperwork and delay and producing better decisions

in agency planning and decisionmaking.

Interested persons will have the opportunity to make their suggestions

for improving agency procedures when they are published in the Federal

Register in proposed form. Broad public participation at this crucial

juncture could go a long way toward ensuring that the goals of the NEPA

regulations are widely implemented in the day-to-day activities of

government.

NICHOLAS C. TGeneral Counsel

October 30, 1979

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EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL QUALITY- ~~~~~~~~~~~~~~~722 JACKSON PLACE. N. W.

* ~~~~~~~~~~~~~WASHINGTON, D. C. 2000

December 11, 1979

MEMORANDUM FOR ED STROHBEHN

g ~~~~~SUBJECT: Stb Progress Report on Agency NEPA Procedures

Attached is the 5th Progress Report.

You asked earlier what response we've gotten. Wehave received a number of calls from the public onthese progress reports. Industry as well as individualsand environmentalists have called.. All like the waythe Council is making it easy for the Interestedpublic to keep track of agency procedures and make

* ~~~~~comments. The environmental press and environmental.groups have found it particularly useful.

Foster Knight

Counsel

Attachment

cc: MembersNicholas YostLegal StaffSenior Staff

Page 27: OPIC Released Documents 11-20

EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL QUALITY

74 JACKSON PLACE. N. W.WASHINGTON. D. C. 20006

December 10, 1979

Federal Register* ~~~~~Room 8401

1101 L Street. L.W.Washington. D.C. 20408

ATTN: Ilona Hays

Dear Ms. Mays:

I am enclosing the Fifth Progress Report on Agency

- ~~~~~Implementing Procedures Under the National EnvironmentalPolicy Act for publication in the Federal Register at

the earliest possible time.

Your cooperation in publication of the progress reportis greatly appreciated. If there are any questions,please contact me at 395-5750

Sincerely,

Poster KnihCounsel

Enclosure

Page 28: OPIC Released Documents 11-20

AGENCY: Council on Environmental Quality, Executive Office of the

President

ACTION: Information Only: Publication of Fifth Progress Report on

Agency Implementing Procedures Under the National Environ-

mental Policy Act

4Pt

SUMMARY: In response to President Carter's Executive Order 11991, on

November 29, 1978, the Council on Environmental Quality issued regu-

lations implementing the procedural provisions of the National Envi-

ronmental Policy Act ("NEPA't). 43 F.R. 55978-56007; 40 C.F.R. 1500-08)

Section 1507.3 of the regulations provides that each agency of the

Federal Government shall have adopted procedures to supplement the

t ~~~regulations by July 30, 1979. The Council has indicated to Federal

agencies its intention to publish progress reports on agency efforts to

develop implementing procedures under the NEPA regulations. The purpose

of these progress reports, the fifth of which appears below, is to

provide an update on where agencies stand in this process and to inform

interested persons of when to expect the publication-of proposed pro-

cedures for their review and comment.

FOR FURTHER INFORMATION CONTACT:

Nicholas C. Yost, General Counsel, Council on Environmental Quality, 722

Jackson Place, N.W., Washington, D.C. 20006; 202-395-5750.

Page 29: OPIC Released Documents 11-20

FIFTH PROGRESS REPORT ON AGENCY IMPLEMENTINGPROCEDURES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT

At the direction of President Carter (Executive Order 11991), on

November 29, 1978, the Council on Environmental Quality issued regu-

lations implementing the procedural provisions of the National Environ-

mental Policy Act,&"NEPA't). These regulations appear at Volume 43 of

the Federal Register, pages 55978-56007 and-in forthcoming-revisions to

Volume 40 of the Code of Federal Regulations. Sections 1500-1508. Their

purpose is to reduce paperwork and delay associated with the environ-

mental review process and to foster environmental quality through better

decisions under NEPA.

Section 1507.3 of the NEPA regulations provides that each agency of the

F' ~~~~Federal government shall adopt procedures to supplement the regulations.

The purpose of agency "implementing procedures." as they are called, is

F ~~~~to translate the broad standards of the Council's regulations into

practical action in Federal planning and decisionmaking. Agency pro-

cedures will provide government personnel with additional, more specific

direction for implementing the procedural provisions of NEFA, and will

inform the public and State and local officials of how the NEPA regu-

lations will be applied to individual Federal programs and activities.

In the course of developing implementing procedures, agencies are

required to consult with the Council and to publish proposed procedures

in the Federal Register for public review and comment. Proposed procedures

p ~~~~~~~~~~~~~~~~2

Page 30: OPIC Released Documents 11-20

A

must be revised as necessary to respond to the ideas and suggestions

made during the comment period. Thereafter, agencies are required tor ~~~~submit the proposed final version of their procedures for 30 day review

* * ~~by the Council for conformity with the Act and the NEPA regulations.

After making such changes as are indicated by the Council's review,

agencies are required to promulgate their final procedures. Although

* ~~~CEQ's regulations required agencies to publish their procedures by

July 30, a number of Federal agencies did not meet this deadline.

The Council published its first progress report on agency implementation

I; ~~~procedures on May 7, 1979, its second report on July 23, 1979, its

third report on September 26, 1979, and its fourth progress report on

November 2, 1979. (44 F.R. 26781-82; 44 P.R. 43037-38; 44 F.R. 55408-

I ~~~~ 55410; 44 F.R. 63132-63133.) The fifth progress report appears below.

t ~~~~The Council hopes that concerned members of the public will review and

comment upon agency procedures to insure that the reforms required by

President Carter and by the Council's regulations are implemented..

Agencies preparing implementing procedures are listed under one of the

following four categories:

- ~~Category #1: Final Procedures Have Been Published

This category includes agencies whose final proce dures have appeared in

the Federal Register.

Central Intelligence Agency, 44 P.R. 45431 (Aug. 2, 1979).

p ~~~~~~~~~~~~~~~3

Page 31: OPIC Released Documents 11-20

Department of Agriculture, 44 F.R. 44802 (July 30, 1979)

Animal and Plant Health Inspection Service, 44 F.R. 50381

(Aug. 28, 1979) [correction: 44 F.R. 51272 (Aug. 31, 1979)]

Forest Service, 44 P.R. 44718 (July 30, 1979)

Soil Conservation Service, 44 F.R. 50576 (Aug. 29, 1979)

Department of Defense, 44 F.R. 46841 (Aug. 9, 1979)

Department of Transportation, 44 P.R. 56420 (Oct. 1, 1979)

Department of the Treasury (at the Federal Register)

Environmental Protection Agency, 44 P.R. 64174 (Nov. 6, 1979)

Export-Import Bank, 44 P.R. 50810 (Aug. 30, 1979)

General Services Administration

Public Buildings Service (see 44 P.R. 65675, Nov. 14, 1979)

International Communications Agency, 44 P.R. 45489 (Aug. 2, 1979)

Marine Mammal Commission, 44 P.R. 52837 (Sept. 11, 1979)

National Aeronautics and Space Administration, 44 P.R. 44485 (July 30, 1979)

[correction: 44 P.R. 49650 (Aug. 24, 1979)J

4

Page 32: OPIC Released Documents 11-20

National Capitol Planning Commission, 44 P.R. 64923 (Nov. 8, 1979)

Overseas Private Investment Corporation, 44 P.R. 51385 (Aug. 31, 1979)

[NEPA Procedures are contained in this agency's procedures imple-

menting Executive Order 12114.]

* ~~~Postal Service, 44 F.R. 63524 (Nov. 5, 1979)

Category #2: Proposed Procedures Have Been Published

This category includes agencies whose proposed procedures have appeared

in the Federal Register. Those agencies whose final procedures are

expected within 30 days are marked with E. single asterisk (*;those

t -. ~~expected within 60 days by a double asterisk(*)

* ~~~ACTION, 44 P.R. 60110 (Oct. 18, 1979)

Advisory Council on Historic Preservation, 44 P.R. 40653 (July 12,

1979)*

st ~~~Agency for International Development, 44 P.R. 56378 (Oct. 1, 1979)

Civil Aeronautics Board, 44 P.R. 45637 (Aug. 3, 1979)

Consumer Product Safety Commission, 44 F.R. 62526 (Oct. 31, 1979)

p ~~~~~~~~~~~~~~~~5

Page 33: OPIC Released Documents 11-20

Department of Agriculture

Agriculture Stabilization and Conservation Service, 44 P.R. 44167

(July 27, 1979) [correction: 44 F.R. 45631 (Aug. 3, 1979)]

Rural Electrification Administration, 44 P.R. 28383 (May 15, 1979)*

Department of Defense

Department of the Air Force, 44 F.R. 44118 (July 26, 1979)*

Department of the Army, Corps of Engineers, 44 F.R. 38.292 (June 29,

1979)*

Department of Commerce

National oceanic and Atmospheric Administration, 44 F.R. 60779

(Oct. 22, 1979)

Department of Energy, 44 P.R. 42136 (July 18, 1979)*

Federal Energy Regulatory Commission, 44 F.R. 50052 (Aug. 27, 1979)*

Department of Housing and Urban Development, 44 P.R. 67906 (Nov. 27, 1979)

IL ~~~~~Community Development Block Grant Program 44 P.R. 45568 (Aug. 2, 1979)*

Department of the Interior, 44 P.R. 40436 (July 10, 1979)*

Bureau of Reclamation, 44 P.R. 47627 (Aug. 14, 1979)

Heritage Conservation and RecetinService, 44 P.R. 49523

(Aug. 23, 1979)

Fisb and Wildlife Service, 44 P.R. 65822 (Nov. 15, 1979)

* ~~~~~~~6

Page 34: OPIC Released Documents 11-20

Department of Labor, 44 F.R. 69675 (Dec. 4, 1979)

Department of Justice, 44 P.R. 43751 (July 26, 1979)*

* ~~~~~Drug Enforcement Agency, 44 P.R. 43754 (July 26, 1979)*

Immigration and Naturalization Service, 44 P.R. 43754 (July 26, 1979)*

Bureau of Prisons, 44 F.R. 43753 (July 26, 1979)*

Department of State, 44 P.R. 66838 (Nov. 21, 1979)

Department of Transportation

Coast Guard, 44 P.R. 59306 (Oct. 15, 1979)

Federal Aviation Administration, 44 F.R. 32094 (June 4, 1979)*

Federal Highway Administration, 44 P.R. 59438 (Oct. 15, 1979)K P~~~~~ederal Railroad Administration, 44 P.R. 40174 (July 9, 1979)*

Urban Mass Transportation Administration, 44 F.R. 59438 (Oct. 15, 1979)

Federal Communications Commission, 44 P.R. 38913 (July 3, 1979)**,

L ~~~~Federal Maritime Commission, 44 P.R. 29122 (May 18, 1979)**

Federal Trade Commission, 44 F.R. 42712 (July 20, 1979)

International Boundary and Water Commission (U.S. Section). 44 P.R. 61665

(Oct. 26, 1979)

National Science Foundation, 44 F.R. 46901 (Aug. 9, 1979)*

7

Page 35: OPIC Released Documents 11-20

Pennsylvania Avenue Development Corporation, 44 F.R. 45925 (Aug. 6 99

Small Business Administration, 44 F.R. 45002 (July 31, 1979)*

Tennessee Valley Authority, 44 F.R. 39679 (July 6, 1979)*

Veterans Administration, 44 F.R. 48281 (Aug. 17, 1979)"

Water Resources Council, 44 F.R. 43749 (July 26, 1979)**

I ~~~~Category 1/3: Anticipate Publication of Proposed ProceduresbJa.. 190

This category includes agencies that are expected to publish proposed

I ~~~~procedures in the Federal Register by Jan. 1, 1980.

K ~~~~ Arms Control and Disarmament Agency

Bureau of Land Hanagemnent

Federal Emergency Management Agency

Law Enforcement Assistance Administration

National Credit Union Administration

Science and Education Administration (Department of Agriculture)

8

Page 36: OPIC Released Documents 11-20

Category t/4: Publication of Proposed Procedures Delayed Beyond Jan. 1, 1980

This category includes agencies that are not expected to publish proposed

procedures in the Federal Register by Jan. 1, 1980.

~~ 1. ~Appalachian Regional Commissior.

Bureau of Indian Affairs

Bureau of Hines

Community Services Administration

V ~~~~Department of the Army

Department cf the Navy

Defense Logistics Agency

Department of Health, Education and Welfare

Economic Development Administration

Farm Credit Administration

Farmers Home Administration

Page 37: OPIC Released Documents 11-20

Federal Deposit Insurance Corporation

Federal Home Loan Bank Board

Federal Reserve System

Federal Savings and Loan Insurance Corporation

Food and Drug Administration

Geological Survey

Interstate Commerce Commission

METRO

National Highway Traffic Safety Administration

k ~~~~National Park Service

Nuclear Regulatory Commission

Of fice of Surface Mining Reclamation and Control

Saint Lawrence Seaway Corporation

Securities and Exchange Commission

~~~~~~~~ ~~~~~~10

Page 38: OPIC Released Documents 11-20

The development of agency implementing procedures is a critical stage in

Federal efforts to-reform the NEPA process. These procedures must, of

course, be consistent with the Council's regulations and provide the

means for reducing paperwork and delay and producing better decisions in

agency planning and decisionmaking.

Interested persons will have the opportunity to make their suggestions

for Improving agency procedures when they are published in the Federal

Register in proposed form. Broad public participation at this crucial

- ~~~juncture could go a long way toward ensuring that the goals of the NEPA

regulations are widely implemented in the day-to-day activities of

government.

(Signed)* ~~~~~~~~~~~~~C. Poster Knight, for

NICHOLAS C. YOSTGeneral Counsel

December 10, 1979

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42622 Federal Register IVol. 44,_No. 242 IFriday, December 14. 1079 INoticesWOE

of this Order records/evidence sufficient to COUNCIL OW0 ENVIRONMENTAL "implementing procaedrti," as they areestablish that any carpeting In style "Oamt OUAVIfl cleis to translate the broad(Foam Black) which may be in inventory or standards of the council's regulationsreturned by distributors has been: Informiationi Onlyn Publication of FIMW into practical actioni in Federal planning

(a) processed sassa to bring It Into Pmyees Report on Agency and decislonmakdug. Agency proceduresconforumace with the applicable Standard Imkpims nting Procedure Under the will provide government personnel withunde the Flammable Fabrics Act. and Naton EnWlroneentid Policy Act additional, more specific direction forsubsequent disposition. or AGENr. Coucil on Environmental Implementing the procedural provisions

(b) destroyed in accordance with th Quality, Executive Office of the of NEPA. and will inform the Public andprovisions of this Order. ~s tState and local officials of bow the

VIIE-IT IS FURTHIER ORDERED, that for PeintNEPA regulations will be applied toa period of 1o years from the date of issuance ACflOC information Only: Publication 61 iniida Federsl programs andof this Order, the Corporation and Kitchens Fifth Progress Report on Agency activitiesshall notify the Commission at least 30 days implementing Procedures Under th in the course of developingprilot towan proposed chang in Corporation National Environmnental Policy ActL implementing procedures, agencies aresuch as dissolution. assignmnent. or sale uuacImeoetPrsdent ~ GcsutwhteConiad

resulting in the emergence of a successor to pbihrosepocde inth

corporation. the creation or dissolution of CaNvemer' 3,19ethve Council991 on Fedewal Register for public review andsubsidiaries or any change 2g, in thee ounil o Proposed poduemust besubidaresoran cang I te oror I Enviuonmental Quality issued comment.poeue

which m ey af fi opance obligations rgltosmpe n thpocdal revised as necessary to respond to the

nc.-rr is p'mTna ORDES that for a provisions of he Nationa Environmental deas adsgestions mhradter duig teneperodf1 years from the date of issuance Policy Act ("NEPW'). 43 fR 5gfl784S97 commentpro.Teefeaece

of this Order by the Commission. Kitchens 40 CPA 1500-00) Section 1507.3 of the fialrereqired tofsbi thei propeu osed0shall notify the Commission of regulations provides that each agency of fial rvierso of thei Cioucid for sdiscontinuance of his present B~usiness or the Federal Government shall have dayforevieywiby the Coucil forte Eemployment and of this affiliation with a new adopted procedures to supplement the CPlatoUt withther Act and tuhe chNEPAbusiness and shall submit to the Commission regulations by July 30. 1979. The Council rep r ionsicaterb mahin sounch chnesiwa statment as to the naturedo the business or lie Indicated to Federal agencies its as aeIdctdb h oni' eiwemployment in which he is newly engaged as intention to publish progress reports on agencies are required to promulgate

wells a esciiptin ofhis utie andagency efforts to develop implementing their final procedures. Although CEQ's

responsibilities In the new business procedures under the the NEPA rheguion proequired gnis toJuy3 pumblishX-irf IS FURTHER ORDERED that the regulations. The purpose of ths hirpoeursb ul tanubro

Corporation shall distribute a copy of this progress reports, the fift of which Federal agencies did not meet ithiOrder o eac and al of ts opeatingappears below, is to provide an update deadline.

divisions. Ion where agencies stand in this process TheCouci agbisedntsfisn-rr IS FURTHER ORDERED that the and to inform interested persons of =Pro nfltaou poclaency o ay7

corporation and Kitchens (1) shall permit the when to expect the publication of Impueientationd rprodres on Maly?2,1Commission to conduct inspections of the proposed procedures for their review inIts Secind report on Julymbe 23. 1979Corporation, to examine the Corporation's and comment Istidrpr nSpebr2,99

books recrds.and ccouts rlatig tothe an n ns uoauaom Nchols C. and its fourth progress report onboos. ecodsandaccunt reatig t th Po Purie wiossA~u Nihol C. November 2. 1979. (44WF 2SM8Z6-l4

manufacture, sale and distribution of carpete Yost, General Counsel. Council on Fi mrw-ft 44w uR5406-554a 44WPand to collect samples of carpet muvironmental Quality, 722 Jackson 823-631j. Thefifth. "s report

maufactured and distributed biy the PaeNY.Waino, persblwThcorni hopes thatCorporation. and (2) shll, upon request of 2az-us9-era ocendmmer ftepulcwthe Commission. submit written reportscnendmebr.fte ulcwlverified copies of the Corporation's books. Procedures Under the National review and comment upon agencyrecords and accounts, and samples of carpet Environmflental Policy Acit procedures to insure that the reformsmanufactured and distributed by thettedrcinofPeietCre required by President Carter and by theCorporation. to enable the Commission to (Executive Order 11901), on November Czuncirs regltosatmpe neddetermine their compliance with this Order. a., ir8. the Council on Environmental Agencies preparing implementIng

XIL-Thb requirements of this Order are In imdruaonlnpnig procedures are listed under one of theaddition to and not to the exclusion of oda thfpoedra roisosifnhg~" fou categorles:reme1diessuc as018 crimiInal penlte which NainlEvrnmnaFoiyAtiaeoyN.tnde Procedures Hawe Blas

may be pursued under Sectiono ("NEPWl. These euain pera publiebsFlammable Fabric Act. the rules, regulation. Volume 43 of the FeeaTRgse, ae is clatey includes specie whose

and standards promulgated thereunder, or slw-e and Infrhodgfinal procedures have appeared in thepny otsw-provision of Federal law, revisionsp to Volm 4ofteCdof Fedmerl Resiser.

Isausd: November 21. lBM peJral RgulationntrectionsiaoO-if e e Agency. 44FPR t4fl

fly the Commission. Their purpose Is toreueuag.ok n 2.1S79).

Sadye L Done. and delay assoitdwihteDepartment of Agrculture, 44 PR 44t JulS.CIG*GJT . ~~~~~~~environmental review process and to 30.19WM

Secretary. pality through ~~~~~~~~~~~Animal and Plant Health Inspection(PR Dm 7939 A - -0 foteeevionenalquliy hrug FitRIORI (Aug. 291079)

better decisions under NEPA. (murecttls4 MFE 51C2 (Ass, 31, 1979))mume oam eases- Section 1507.3 of the NEPA Forest Service, 44 FR 4471 IhV3.10

regulations provides that each agency Of ssConervation Service. 4 sa50mthe Federal government shall adopt (Ag ZkIC~~~c,? IS ~~~~~procedures to supplement the -Department of M UMe 44 PR 40114l (Avg.tC- ~~~~~~~~regulations The purpose of agency ISM9)

Page 40: OPIC Released Documents 11-20

Federal Register IVol. 44, No. 242 1 Friday, December 14, 1979 / Notices 72623

Department of Transportation. 44 PR 584w MPit and-Wildlife Service. 44 PR 8MU Federal Deposit Insurance Corporation(Oct. 1,1979) -(Nov. 15.1979) -Federal Home Loan flank Board

Department of the Treasury (at the Federal Department of Labor, 44 FR 89675 (Dec. 4. Federal Reserv SystemRegister) 1979) Federal Savings and Loan Insurance

Environmental Protection Agency. 44 FR Department of Justice. 44 FR 43751 (July a6 Corporation04174 (Nov. 8. 1979) 1Ion). - Food and Dhug Administration

Export-Import Dank. F R 50610) (Aug. 3o. Drug Enforcement Agency. 44 FRt 43754 GeologIcal SurveyIn) (July S5 1979)' Interstate Commenrcer Commission

General Services Administration Immugration and Naturalization Servce. 44 METROPublic Buildingts Service (seeM F R owl. PR 171H (July 28. in]9 National Highway Traffic Safety

Nov. 14,.1979) Bureau Of Prs.44 FRt 437 (July 26, AdministrationInternational Communications Agency. 4anP 1979)' National Park Service

4548 (Aug. 2Z1INS) Depalrtment of State, 44PR 0683 (Nov. 21, Nuclear Regulatory CommissionMarine Mammal Commission. 44 FR SEW3 I7) Office of Surface Mining Reclamiation and

(Sept 211. In) Department of Transportation . controlNational Aeronautics and Spac Coast Guard.4 nFR uses (Oct 16,197) Saint Lawrence Seaway Corporation

federal Aviation Administration. 4aPR Securities and Exchange CommissionAdministration. 44WR 4446 (July 30, awM gone 4,1n1'1979) [corrction: 44 FR 461950 (Aug 24. Federal Highway Adminnistration. F R The development of agency1979)) SPI l001t is. 1979) Implementing procedures is a critical

National Capitol Mlanning Commission 44 PR Federal Rlaliroad Administration. 44 Fit stage in Federal efforts to refoarm the040231 (Nov. 8. inj9 40174 Lualy 9, in7)' EApoes hs rcdrsms

Overseas Private Investment Corporation. 44 Urban a~sS Transportation ofP poroes. Thcosisentwt pro edrsm tFR 51385 (Aug. 31.12979) Admninsftlaton. 44 PR 910438 (Oct 1. JCofncurse be catonsistnt wroith the

WNEA Procedures ar contained In this 1090)Cunlsr it adpovethagency's procedures Implementing Federal Cosununications Commission. M FR means for reducing paperwork andExecutive Order 12114.1 3893 nlay ainj delay and producing better declisios in

Postal Service, 44 FR 652541 (Nov. 119Wil) Federal Maritime Commission. 4nFR 2612 agency planning and decisionmaldug.(May18 flm)" Interested persons will have the

Category fl: Prtopaed Fkuceduree Hove Federal Trade Commissiont, 44 FR 4271 (July opportunity to make their suggestionsBeen PbUblshed 28. 1979) for improving agency procedures when

This category includes; agencies whose International Boundary and Water thyare published in the Federalproposed procedures have appeared In the Commission (U.S. Section). FR7 01665 6)'seri prpsdfm.BodubiFadeda Register. Those agencies whose final (Oct. 36.1979) .~I rpsdfr.Bodpbiprocedures are expected within So daysmar National Science Foundation, 44 Ft 489n participation at this crucial juncturemarked with a sigl asterisk (') those (Aug. 9. 19793 could go a long way toward ensuringexpected within OD days by a double asterisk Pennsylvania Avenue Development that the goals of the NEPA regulations('.3 Corporation. " PR 4502 (Aug. 8. 1979) are widely implemented in the day-to-ACTION. 44W 0R0110 (Oct1 I&9I9) Small Business Administration. 44 Fr 45(X12 day activities of government.Advisory Council on Historic Preservation. 44 0July 31, i979Y NkcioiasCaYTst

FR406 11(uly2.2979 Tennessee Veiley Authority. PRl 3667 Acdf Genera Counsel.Agency for International Development., 44 FRy .I ) ecme 0 99

8037 (Oct 1, I=) Veterans AdmInIstration. 44 Fr 482B1 (Aug. Dcmer1,59Civill Areronutics Board. 447 FR 4al (Aug. S. 17.1979)'?I ~Doc 79-s4 NWd t241-@t SOS sa

I979) ~~~~~~~Water Resources Council. 44 PR 43749 only WILUGN coM 515541-Consumsr Product Sfety CommIssIon. 44 FR 2s. in9).

0252 (Oct. 81. 19on) Calegiory fl1 Anticpate Publimfli ion fDEAT NTO FNDepartment of Agriculture Pfopoaed Prcedures by fim. 1. 19DEAT NTODEES

Agriculture Stabilization and Conservation mhis category includes ageelces that are Departmentt of the ArmyService, N4FR 44167

(J*y27.1979) (correction: Flt 4oa expected to publish proposed procedures(Au 3iscrllctin] in the Federal Register by Jan . 1900S. DISCICU Rts SpWIAI Disoerg25388 (My 5.97) Arms Control and Disarmament Agency Redvla P. ograRural cado Admntstrtim 4 PR Bureau of Land Management

DearMenta of Defn)e Federal Emergency Management Agency Pursuant to 1 70.4. Departuiwit ofDepartment of the Air Force. " PR "Ie Law Enforcement Assistance Administration Defense Directive 1332.28 Discharge

OJuly, is. in)' National Credit Union Adinstato Review Boards (DRUls) Procedures andDepartment of the Army, Corps of Science and Education Administration -Standards, published at 43 PR 18509,

Engineers. "f aRma29 (June 2S 2979)' (Deipartment of Agricultuire) March 31,197s, the Department of theDepartment of Commerce QGsgelry 06 Publicatfion of Proposed Army has been requested to effect

National Oceanic and Atmospheric Pmrocedures Di)oyedfleyondfan. 1,1IN publication of seleted extracts fromAdmnistration. 4P MM t ct. 22 Tis" category Includes agencies thataram not partfment of the Air Force

Department of Energy. 44 FR 42136 Ugl I& . expected to publish, proposed procedures Memorandum for Discharge ReviewII". ~~~~~~~~in the Fed"ra Register by Jan~ .1, Rn Bard Membersv and Examiners, Subject:

Federal Energy Regulatory Commission. 44 AppalachIan Regionall Commission procedures fhr Completing tHes DcDPR 50062 (Aug. V7.107' Bureau of ladle Affldir Special Discharge Review Program Case

Department of Housing and Urban Bureau of Mines Data Sheet, dated April 15, 1977, and anDevelopment. 44 0R7906 (Nov. V7.1979 Community Servicies Administration etatfo thScrayofheA y's

Community Develiopment Blockc Gant Department of the Army lfrt h hhi.SntProgram 44 F 4115111 (Aug. 2.1979)' Department of the Navy Comle tterote Chairman. Senatedae

Department of the Interior. n FR 40438 (July Defense Logistics =AJuneCommittee oncVeernins h Affair ate1201979)' Department of Heal Education and Jui 22.197e conew rnogr .The Sexrctal

Bureau, of Reclamation. 4nfP 47627 (Aug. -welfare - D~hheRve rga.Teetat14, 1973) ~~~~~~Econoamic Development Adminaistration correspond to "the last two parts of

Hertitae osevtion and Recreation Farm Credit Administration -Annex IT' as referred to In "NationalService. 44W FR 4S (Aug.25. 197O) Farmers Home Adlministration Association of Concerned Veterans v.

Page 41: OPIC Released Documents 11-20

CEQEXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY72 JACKSON PLACE, N. WWASHINGTON C C 20004

January 24, 1980

NOTE FOR COUNCIL AND PROFESSIONAL STAFF

For your information attached are the Sixth Progress Report on Agency

Implementing Procedures Under the National Environmental Policy Act

and the Third Progress Report On Agency Procedures Implementing Executive

Order 12114, as submitted to the Federal Register today for publication.

Foster Knight

Counsel

Attachments

Page 42: OPIC Released Documents 11-20

AGENCY: Cui2 -::-ronmental Qua itw-. Executive Of fice of the

President

ACTION: Information Only: Publication of Sixth Progress Report on

Agency Irnec-nnting Procedures Under the National Environmental

Policy Act

SU01hARY: In responsc tc President Carter's Executive Order 11991, on

November 29, 1978, the Council on Environmental Quality issued regulations

implementing the procedural provisions cf the National Environmental Policy

Act ('NEPA"). 43 F.R. 55978-56007; 40 C.F.R. 1500-08) Section 1507.3 of

the regulations provides that each agency of the Federal Government shall

have adopted procedures to supplement the regulations by July 30, 1979.

The Council has indicated to Federal agencies its intention to publish

progress reports on agency efforts to develop implementing procedures under

the NEPA regulations. The purpose of these progress reports, the sixth of

which appears below, is to provide an update on where agencies stand in

this process and to inform interested persons ef when to expect tbe publication

of proposed procedures for their review and content.

FOR FURTHER INFORMATION CONTACT:

Nicholas C. Yost, General Counsel, Council on Environmental Quality, 722

Jackson Place, N.W., Washington, D.C. 20006; 202-395-5750.

Page 43: OPIC Released Documents 11-20

PFIL.CLDCRES U:;D-F. '--:TICNAL EUUlRON1-*:E:;7AL POLICY ACT

At the direction of President Carter (Executive Order 11991), on November 29,

1978, the Council on En-:ironr'7ental Quality issued regulations Implementing

the procedural provisicns of the National Lnvigjc :~:zental Policy Act CttNEPA").

These regulations appear at Volu-me 43 of the Federal Register, pages 55978-

56007 and in forthcoming revisions to Volume 40 ef the Code cf Federal

Regulations, Sections 1500-1508. Their purpcse is to reduce paperwork and

delay associated with the environmental review process and to foster environmental

quality through better decisions under NEPA.

Section 1507.3 of the NEPA regulations provides that each agency of the

Federal government shall adopt procedures to supplement the regulations.

*The purpose cf agency "implementing procedures," as they are called, is to

translate the broad standards of the Council's regulations into practical

action In Federal planning and decisionmaking. Agency procedures will

provide government personnel with additional, more specific direction for

implementing the rrocedural provisions of NEPA, and will inform the public

and State and local officials of how the NEPA regulations will be applied

to individual Federal programs and activities.

In the course of developing implementing procedures, agencies are required

to consult with the Council and to publish proposed procedures in the

Federal Register for public review and comment. Proposed procedures mast

be revised as necessary to respond to the ideas and suggestions made during

the comment period. Thereafter, agencies are required to submit the proposed

2

Page 44: OPIC Released Documents 11-20

- UW~i:.:.2cr.2fcr 30 day revicv: 1< the r~ ft

t: hc Act nn tre >T1'A regulations. Aft~r makin'-: such Cbni,*iv'

as are Jndicated by the Council's review, agencies are required to promulgate

their final procedures. Although CEQ's regulations required egencies to

publish their trocedures by Jul~y 30, 1979 a number of Federal agencies did

rot meet this deadline. We stress, however, that the CEQ regulations are in

effect now and are binding on all agencies of the Federal government now,

whether or not the agencies are on time or laggard with their own procedures.

The Council published its first progress report on agency implementation

procedures on May 7, 1979, its second report on July 23, 1979, its third

report on September 26, 1979, its fourth report on November 2, 1979 and its

fifth progress report on December 14, 1979. (44 F.R. 26781-82; 44 F.R.

43037-38; 44 F.R. 55408-55410; 44 F.R. 63132-63133; 44 F.R. 72622-72623.)

The sixth progress report appears below. The Council hopes that concerned

members of the public will review and comment upon agency procedures to

insure that the reforms required by President Carter and by the Council's

regulations are implemented. Agencies preparing implementing procedures are

listed under one of the following four categories:

Category 9 1: Final Procedures Have Been Published

This category includes agencies whose final procedures have appeared In the

Federal Register.

Central Intelligence Agency, 44 P.R. 45431 (Aug. 2, 1979).

3

Page 45: OPIC Released Documents 11-20

(Aug. 26, > [correction: 44 F.R. 51272 (u I 1979)1

Forest Service, A- P.R. 44718 (July 30, 1979)

Soil Conservation Service, 44 F.R. 50576 (Aug. 29, 1979)

Rural Electrification Administration (at the Fedetal Fcilster)

D)cn..rtment of Defense, 44 F.R. 46841 (Aug. 9, 1979)

Department of Transportation, 44 F.R. 56420 (Oct. 1, 1979)

Federal Aviation Administration, 45 F.R. 2244 (Jan. 10, 1980)

Department of the Treasury, 45 F.R. 1828 (Jan. 8, 1980)

Environmental Protection Agency, 44 F.R. 64174 (Nov. 6, 1979)

Export-Import Bank, 44 F.R. 50810 (Aug. 30, 1979)

General Services Administration, 45 P.R. 83 (Jan. 2, 1980)

Public Buildings Service (see 44 P.R. 65675, Nov. 14, 1979)

International Communications Agency, 44 P.R. 45489 (Aug. 2, 1979)

Marine' Mammal Commission, 44 P.R. 52837 (Sept. 11, 1979)

National Aeronautics and Space Administration, 44 P.R. 44485 (July 30, 1979)

[corrections: 44 F.R. 49650 (Aug. 24, 1979); 44 F.R. 69920 (Dec. 5,

1979)]

National Capital Planning Commission, 44 P.R. 64923 (Nov. 8, 1979)

Page 46: OPIC Released Documents 11-20

* ,2ra Science roundat'on, 45 T.P 3(J..I <0)

Ov~erseas Private Investment Corporation, 44 F.R. 51385 (Aug. 31, 1979)

[NEPA Procedures are contained in this agency's procedures imple-

meniting Executive Order 12114 cited above.]

Postal Service, 44 F.R. 63524 (Nov. 5, 1979)

Water Resources Council, 44 P.R. 69921 (Dec. 5, 1979)

Category #2: Proposed Procedures Have Been Published

This category includes agencies whose proposed procedures have appeared in

the Federal Register. Those agencies whose final procedures are expected

within 30 days are irarked with a single asterisk (*); those expected ritbin

60 days by a double asterisk(*)

ACTION, 44 P.R. 60110 (Oct. 18, 1979)

Advisory Council on Historic Preservation, 44 P.R. 40653 (July 12, 1979)*

Agency for International Development, 44 P.R. 56378 (Oct. 1, 1979)

Civil Aeronautics Board, 44 P.R. 45637 (Aug. 3, 1979)*

Consumer Product Safety Commission, 44 F.R. 62526 (Oct. 31, 1979)

5

Page 47: OPIC Released Documents 11-20

DepartntrIt c> ...risulture

AgricL't's-. St~-bLiliz.zitiofl and Conservatict:, s..rvi-ce, 414 F.-. £41~67

(July 27, 1979) [correction: 44 F.R. 45631 (Aug. 3, 1979) ]*

Department of De-fense

Department of the Air Force, 44 P.R. 44118 (July 26, 1979)*

Department of the Army, Corps of Engineers, 44 P.R. 38292 (June 29,

1979)*

Department of the Army, 45 F.R. 1086 (Jan. 4, 1980)

Department of Commerce

National Oceanic and Atmospheric Administration. 44 P.R. 60779

(Oct. 22, 1979)*

Department of Energy, 44 P.R. 42136 (July 18, 1979)*

Federal Energy Regulatory Coimmission, 44 P.R. 50052 (Aug. 27, 1979)*

Department of Housing and Urban Development, 44 P.R. 67906 (Nov. 27, 1979)*

Community Development Block Grant Program 44 P.R. 45568 (Aug. 2, 1979)*

Department of the Interior, 44 F.R. 40436 (July 10, 1979)*

Water and Power Resources Service, 44 F.R. 47627 (Aug. 14, 1979)*

Heritage Conservation and Recreation Service, 44 P.R. 49523

(Aug. 23, 1979)*

Fish and Wildlife Service, 44 P.R. 65822 (Nov. 15, 1979)**

Departrment of Labor, 44 P.R. 69675 (Dec. 4, 1979)

6

Page 48: OPIC Released Documents 11-20

!tprtnntof Jur-tice, 44 P.R. 43751 (July 26, 1979)*

Drug Enforcement Agency, 44 F.R. 43754 (July 26, 1979)*

Imt~igratiofl and Naturalization Service, 44 P.R. 43754 (July 26, 1979)*

Bureau of Prisons, 44 P.R. 43753 (July 26, 1979)*

Department of Sttte, 44 F.R. 66838 (Nov. 21, 1979)*

Department of Transportation

Coast Guard, 44 F.R. 59306 (Oct. 15, 1979)*

Federal Highway Administration, 44 P.R. 59438 (Oct. 15, 1979)*

Federal Railroad Administration, 44 F.R. 40174 (July 9, 1979)*

Urban Mass Transportation Administration, 44 P.R. 59438 (Oct. 15, 1979)*

Federal Communications Commission, 44 P.R. 38913 (July 3, 1979)**

Federal Emergency Management Agency, 44 P.R. 70197 (Dec. 6, 1979)

Federal Maritime Commission, 44 P.R. 29122 (May 18, 1979)*

Federal Trade Commission, 44 F.R. 42712 (July 20, 1979)

International Boundary and Water Commission (U.S. Section). 44 P.R. 61665

(Oct. 26, 1979)*

Pennsylvania Avenue Development Corporation, 44 P.R. 45925 (Aug. 6, 1979)

7

Page 49: OPIC Released Documents 11-20

2 Buine.s.- - r~to~,44 F.R. 45002 9W 2 ~ )*

Tennessee Valley Authority, 44 F.R. 39679 (July 6, 1979)*

'.rterans Administration, 44 F.R. 48282 (Aug. 17, 1979)*

Category 1/3: Anticipate Publication of Proposed Procedures by Mar. 1, 1980

Ibis category includes agencies that are expected to publish proposed

procedures in the Federal Register by Mar. 1, 1980.

Arms Cantrcl and Disarmament Agency

Bureau of Indian Affairs

Bureau cf Land Management

Bureau of Mines

Department of Health, Education and Welf are

Federal Reserve System

Geological Survey

Law Enforcement Assistance Administration

8

Page 50: OPIC Released Documents 11-20

National Park Service

Nuclear Regulatory Commission

Office of Strface Mining RecCaL.ation and Control

Science and Education Administration (Department of Agriculture)

Category #4: Publication of Proposed Procedures Delayed Beyond Mar.. 1, 1980

This category includes agencies that are not expected to publish proposed

procedures in the Federal Register by Mar. 1, 1980.

Appalachian Regional Commission

Community Services Administration

Department of the Navy

Defense Logistics Agency

Economic Development Administration

Farm Credit Administration

Farmers Home Administration

Page 51: OPIC Released Documents 11-20

Federal D-pcrJ: - 2ce Corporatior.

Federal Home Loan Bank Board

Federal Savings ~r2 Lm-n Insurance Corporation

Food and Drug Administration

Interstate Caommerce Commission

METRO

National Highway Traffic Safety Administration

Saint Lawrence Seaway Corporation

Securities and Exchange Commission

The development of agency implementing procedures is a critical stage In

Federal efforts to reform the NEPA process. These procedures rast, of

course, be consistent with the Council's regulations and provide the means

for reducing paperwork and delay and producing better decisions in agency

planning and decisionmakiflg.

interested persons will have the cpportunity to make their suggestions for

improving agency procedures when they are published In the Federal Register

10

Page 52: OPIC Released Documents 11-20

in, proposed6 f "rz. ria-4 public. ThrticipJati~-n- at this crucial juncture

could go r long way toward ensuring that the goals of the NEPA regulations

are widely implemented in the day-to-day activities of government.

NICHOLAS C. YOST

General Counsel

January 24, 1980

Page 53: OPIC Released Documents 11-20

tY:TL OY £1flOC-T:TAL. QV-ALTTY

Third Progress Report On Agency Procedures Implementing Executive Order

12114, "Environmental Effects Abroad of Major Federal Actions' (January 4,

1979)

AGENCY: Council on Environmental Quality, Executive Of fice of the

President.

ACTION: Information Only: Publication of Third Progress Report on

Agency Procedures Implementing Executive Order 12114, "Environmental

Effects Abroad of Major Federal Actions"

SUMMARY: On January 4, 1979, President Carter issued Executive Order

12114 entitled "Environmental Effects Abroad of Major Federal Actions."

Executive Order 12114 requires all federal agencies taking major federal

actions outside the U.S. which are encompassed by and not exempted from

the Order, to have In effect procedures implementing the Order within B

months after January 4, 1979 (i.e., by September 4, 1979). The Order

requires agencies to consult with the Council on Environmental Quality

and the Department of State before putting their implementing procedures

in effect. The Council has previously published certain explanatory

documents concerning implementation of E.O. 12114 (44 P.R. 18722,

March 29, 1979). On September 26, 1979 the Council published Its first

progress report on agency procedures implementing the Executive Order

(44 P.R. 55410), and on November 6, 1979 a second progress report

(44 P.R. 64101). The purpose of this third progress report Is to

provide an update on whcre affected agencies stand in this process.

Page 54: OPIC Released Documents 11-20

-~FURTHER INF0RE CONTACT: Nicholas C. Yost, Gc7-eral Counsel, Council c

mnivironmental Quality, 722 Jackson Place, N.W., Washington, D.C. 20006; (202)

395-5750.

THIRD PROGRESS REPORT ON AGENCY PROCEDURES IMPLEMENTING E.O. 12114

progress report lists federal agencies in two categories In Category 1

are agencies that have Fublished proposed or final procedures implementing

Executive Order 12114. Category 2 lists agencies that bave prepared draft

procedures or are in the process of developing such procedures, and contains an

estimated time such procedures will be published in the Federal Register.

Category 1--Federal agencies that have published proposed cr final procedures

implemer'ting E.O. 12114.

Department of Defense Final Procedures issued April 12, 1979

(44 Fed. Reg. 21786)

Export-Import Bank of the Final* Procedures issued August 20, 1979

United States (44 Fed. Reg. 50813)

Overseas Private Investment Final* Procedures issued August 31, 1979

Corporation (44 Fed. Reg. 51385)

National Oceanic and Proposed Revised NOCM Directive Implementing

Atmospheric Administration NRPA and E.O. 12114, October 22, 1979 (44

Fed, keg. 60779)

2

Page 55: OPIC Released Documents 11-20

- U' Wtlc Proposed Guidelines iudSt;t2r6,

1979 (44 Fed. Reg. 52146)

Department of State (1) Foreign Affairs Manual Circular No.

8OIA, Procedures Implementing E.0. 12114,*

(except nuclear actions) November 21,

1979 (44 Fed. Reg. 67004).

(2) "Unified Procedures Applicable To

Major Federal Actions Relating To Nuclear

Activities Subject To Executive Order

12114,11* November 13, 1979 (44 Fed. Reg.

65560)

Agency for International Proposed Environmental Regulations, October 1,

Development 1979 (44 Fed. Reg. 56378)

Department of Transpcrtation Contained in N4EPA procedures (DOT Order

5610.lC) issued October 1, 1979 (44 Fed.

keg. 56420), Paragraph 16

National Aeronautics and Contained in NEPA procedures, Section

Space Administration 1216.321 issued July 30, 1979 (44 Fed.

keg. 44490-44491)

Department of Agriculture Proposed amendments (containing procedures

implementing E.O. 12114) to departmental

UREA procedures, November 15, 1979 (44

Fed, Reg. 65768)

Page 56: OPIC Released Documents 11-20

roatuction >:p's.-Ded procedures ir~plcmn'nting *1

Agency 12114, November 29, 1979 (44 Fed. Lev.

68776)

*Although not published in proposed form for public review and comment,

the preairble provides an opportunity for public comment on final procedures.

Category 2--Federal agencies scheduled to publish Frocedures_ imlmen~ting

E.O. 12114 in the near future.

Department of Commerce .Proposed procedures implementing E.O. 12114

are awaiting final approval. (Publication

anticipated by February 15, 1980).

Department of Treasury Proposed procedures implementing E.O. 12114

are awaiting final approval. (Publication

anticipated by February 15, 1980).

Department of Interior Draft procedures implementing ELO. 12114

are under preparation. Theme procedures

are expected to be published in the near

future.

NICHOLAS C. YOSTGeneral Counsel

DATE: January 24, 1980

4

Page 57: OPIC Released Documents 11-20

Federal Register I Vol. 85, No. 21) / Tuesday, January 29. 1980 /f NoticesCOUNPIL ON ENVIRONMENTAL Category -l-hedMlAyewde That Hiav.e ~ i'omReotOiAecOUALITY AvJhhshsdProposdwr

5jyM PA,,,du,, SxhuPeogrus Rprodres Underethelmplementiq a0a 12114 hafigmninvu roweure Ponicy AthiThird Progress Report on Agency Department of Defense. Fial Procedures OD niometlPc cProcedure. Implemenuing Executive lsumedApril IZ sm (44 P R 21) Aect CCouncil on EnvironmentalOrder 12114, 'Envlronmental Effect. Exporl-zmport Bank of the United staies, Quality. Executive Office ofldieAbroad of Major Federal Actions" FinlE' procedures Issued August 20, in7 President.January 4,1 in.

4 FR 50813) ACTNo: Information Only: Publication of

Overseas Private investmsnt compr~li Sixth Progress Report on AgencyAGENCY: Council on Environmental Final 'Procedures Issued August 31. In ;llmntn rcdre ne hQuality. Executive Office of the (44 PR 52385)UnethPresident.

Natiosal Oceanic and Atmosphagnic N onlEvomnaiPolicy Act.Administruoaoe Prnpaed Revised NOAA SUMMARYv In response to PresidentAcrboft Information only? Publication of Directive implementing NEPA and tO. Carter's Executive Oldet iiai, onThird Progress Report on Agency 12114. October a in 15(4411607MM) November as. iws, the Council on

Proceures mplemn~ngExecutive Department Of Energy. Proposed Guidelines Envlronmernai Quality IssuedOrde 1214. "nvirnmetal Effects issued September a, InO (44PRmt sno reulations implementing the procedural

Abroa of Mjor Fdera Actions" Department of State. Ii) Foreign Affairs Provisions of the NationalManual Circular No. WrA. Procedures Enlo enaPliyAt(N A'.4SUMMARY, On January 4, 1979, President ImlmnigEQu22 ecptnucear ironmentalsg 40ic Act 1500-08).4Canter issued Executive Order 12114 actions) November 21.2579e(44 Fit 87004). 1 507soi of the regulation. provides thatentitled "Environmental Effects Abroad (2) "Unified Procedures Applicable To each agency of the Federal Governmentof Major Federal Actions." Executive Major Federal Actions Relating To Nuclear shall have adopted procedures toOrder 12114 requires all federal agencies Activities Subject To Executive Order 17.TeCucl~ ob uy0taking major federal actions otiehe 12114, ' November 23.I2979(44 1R65W supplement the r oin yJl o

outidethe Agency for International Development, 299 h onias Indicated toU.S. which are encompassed by and not POI~dEvr~na euain eea gnisIsitnint

uls

exfemtptoedufrotes Ordleerton thae in October i, IW F4 R 56378) Progress reports an agency efforts toeffec procduresImpleentin the Department of Transportation. Contained in develop implemeralng procedures under

Order within 8 months alter January 4, NEPA procedures (DOT Order seio.icj the NEPA regulations. The purpose of1979 (i.e., by September 4. 1979). The issued October 2. ing (44 FR 5642D]. theme Progress reports, the sixth ofOrder requires agencies to consult with Paragraph is which appears below, is to provide anthe Council on Environmental Quality National Aeronautics and Space update on where agencies stand in thisand the Department of State before Administration Contained in NEPA Proces and to inform Interested personsputting their Implementing procedures in Procediures. Section 12i6.32i Issued July so. of when to expect the publication ofeffect. The Council has previously 1979 (44 FR 4440O-444gfl Proposed procedures for thefr review

Publihed crtainexplaatoryDePartmqntl of Agriculture. Proposed and comment.

publishedcertain e planatoryamendments (containing procedures p 'nZ N O M fO o t cdocuments concerning implementation implementing 3.0. 12114) to departmnenta] PNicURHolaRC YNostGenea Counsel.of E.O. 12114 (44 FR 18722. March 29. NEPA procedureg, NovmeNiifl(4 chounci on Enios.Gnental Qouaslt.721979]. On September 26, 1979 the FRt as7reeebri.]r 4 onilo niomntlQaiy 2Council published its first progress Environmental protection Agency Propose Jackson Place, N.W.. Washington, D.C.report on agency procedures Procedures implementing 3.0. 12124. MeM200: 202-395-5750.implementing the Executive Order (44 - Novembera 2 Inm (44 FR smngj Sixth Progress Report - AgencyFR 554io). and on November6, 1979 a C~e07ZFdrlAecm Scheduled Imlplemnenting Procedures under thesecond progress report (44 FR 84201l). Publish Procedures hnpiemeng* z. £o.1211 Natinl Elrnomnenla Policy ActThe purpose of this third progress report in Mhe Near aruiune22 At the direction of President CarterIsfetoervde agnce upadat on whesroess Department Of Commerce, Proposed (Executive Order 1199). on November

affeced a encis stnd I thi pro ess. procedures implementing Eo. 12124 are 29. 1978% the Council on EnvironmentalFOR FURThER INFORMATION CONTACT. awaiting final approval. (Publication Quality issued regulations ImplementingNicholas C. Yost, General Counsel, anticipated by February is. neoj. the procedural provisions of theCouncil on Environmental Quality, 722 Departnent of freasury, Proposed National Envirnmental Policy ActJackson Place. N.W., Washington. D.C. Procedures inmplementin E.O. 122114 are ("NEPAY). These regulations appear at2D006; (202] 395-5750. awaiting final approval. (Publication Volume 43 of the Federal Reooster, pagesanticipated by February is. seaoj 55978-Moo0? and in forthcomingThird Progress Report on Agency Departmeni of Interior. Draft procedure revisions to Volume 40 of the Code ofProcedures ImPleloenutng tO. 12114 imPlemeneiqg LO.712114 are under Federal Regulations, Sections 1500.is08.The proress rport fst$ isPreparation. These procedure, are Thefr Purpose is to reduce paperwork

The rogrss epor liss fderal expected to be published in the near future. and delay associated with theagencies in two categories. In Category Dated: January N. iwso. environmiental review process and toI are agencies that have published

fse niomna ult hogproposed or final procedures Nicholas C. Tags, better decvisionunder NqPaliythogimplementing Executii'e Order 12114 co erai Counsel.

Seteectsions20. ofnter NEPA.Category 2 lists agencies that have

Scin10. fteNP

prepared draft procedures or2W Fileare In the,, regulation, provides that each agency ofProcess of developing such procedures, prtheceduera governplment shaledpand contains an estimated time such '"Alahouh not Published tn proposed loan for regulations. The purpose of agency

procedures will be published in the pbfic review and coamme,, tha peM~bI. ;W "implementing Procedures," as they are

Federal Register. An OPPOrtmdty for Public coamet as ftMi callecatat otranslate the broadP ro c ed u re s .s t a n d a~~ro c du r s tof s u p peC m a ren t l ath en

co~~~~~~~~~~~~~~~~~~~~~~Cuclsrpein

Page 58: OPIC Released Documents 11-20

Federal Register / VoL. 45, No. mD / Tuesday, Janual7y A9 16610 / Notions UN63

Into practical action in Federal planning Forest servIce. 44 FR 44718 (Ouly a0 1079) Department of Snupl. 44 FR 42138 (July 18.and declsionmaking. Agency procedures Soil Conservation Service. 441 PR0675 (Augi. 109m)will provide government personnel with a. son Federal tnergy Reagulatory CommIssIon. 44additional, more specific direction for Rtural Electrification Administrstion (at itai FRt 810052 (Aug.2V. mrn)

lmplemntlno he prcedrua proviions ederl Regsterl Department of Housing and Urbanimlmnigtepocdulpoiin Dpertinent of Del mae, 44 FR 46s41 (AMt 9. DevelopuefL 44 PR 67006 (Nov. V.,

of NEPA. and will inform the public and IPSI1 MW -State and local official. of how the Department of Transportation. 44 FR 8643o Community Development Mlock GrantNEPA regulations will be applied to (Oct. 1. 1979) Program. M4FR 451586 (Aug. t Ion),individual Federal programs and Federal Aviation Adimnlstration. 451PR 844 Department of the Interioi ai P 40436 (Julyactivities. Oat.2 19100) 2o. iwon)

In the comes of developing Department of the Treasury. 45 PR= D~s(an. Wte tr and Power Resources Servica, 44 1RImplementing procedures, agencies are S. 19K) -437W (Aug.124. 1093)' mrequired to consult with the Council and Invlronmental Protection Agency. 4413R Heritage Conservation and Recreationto publish proposed procedures- in the U174 (Nov. & mg7) (A ace 44 FR 49S2(AU Is.Iwo)Zxport-Impord Baa anne Fish61 Au.go and Wildlife Bervc.-iMesc

Fades! egiterforpublic review and W (Nov. 10719n)"commenL. Proposed procedures must be General Services Adimnistration, 4ones8 Department of Labor, 4413FE6OM (Dec 4.revised as necessary to respond to the Dean. 3, 1960) 19793Ideas and suggestions made during the Public Buildings Service (ma 1368675. ae, 'Department of Istios. 44 FR 43751 (july a%commnent period. Thereafter, agencies Nov. 14.10793 1979)'are required to submit-the proposed InternatIonal Communications Agency. 44 R~ Drug Enforcement Agency. 4H FR 437541final version of their procedures for 30. 4548 (Aug. L If7) (Duly a0 inj9'

day review by he Council forMarite Maiimmal Commission. 44 FR 52837 Immigratlion and Naturalization Service. 44conformity with the Act and th NPA~J (Sept. I2. 19793 Fure4u of PJl 464 FE4353Duy

reguatios. Ater akig suh chnges Natonal Aeronautics and Space Dueu9 frnos.49R 553(ul 6regultions Aftr makng sch chnges Administration. a4PRi 44485 (July 3o, ion0) 1eaten0 fStt.79)M(Nv 2

as are indicated by the Council's review, Iconrctions: 441Fit4061 (Aug. ±#. io) Dearmnto Sae.a7R6839(o. 1agencies are required to promulgate FRt 6O0M (Dec. 5.1979a)3 09their final procedures. Although CEQ's National Capitol planning Commission, a4 FR Department of fransportation:

regulations reuired a enciesto publish 8493 (Nov. 8. If)Coast Guard, a44 FE o.0 (Oct. 15. In7) treglatonsreqire agnist uls sm(o.I o)Federal Highway Administration.."4 FR

their procedures by July 30, 1979 a National Science Foundation, 45 FR 30 (Jan. & se3s (Oct.15S. 1fF9)number of Federal agencies did not meet 1060) Federal Railroad Administration. 44 PR

this eadlne. W strss, hweveOverseas Private Investment Corporation. 44 f07L~ulv0S.IWO'thisdeadine We tres, hwevr, that FR $28 (Aug. 31,12979) (NEPA Procedures Urban kdasTansportation

the CEQ regulations are in effect now arm contained in this agency's procedures Administration. 44 FE 594381 (Oct. 18.and are binding on all agencies of the Implementing Executive Order 12114 cited Ing)'Federal government now, whether or not above.1 Federal Communications Commission, 4413Rthe agencies are on timne or laggard with Postal Service, 441PR63524 (Nov. S. 9n) s1e13(July S. IWO9)"their own procedures. Water Resources CounciL ~l. 44F 9922 (Dec. Federal Emergency Management Agency, 44

The Council published its first IL1079) Fit 7097 (Dec 5, 1979)prore as report on agency N.Federal Maritime Commission. 4413R29122implementation procedures on May?7. lHav Seent~POIS PubOSShOS Fe(May Ird Comisin749FF4 1-O1979. Its second report on July 23, 209. hI eea rd omiso.41 21 JlIts third report on September 25. InO Its This category includes agencies 20.1ion)fourth report on November Z I and~ whose proposed procedures have International Boundary and WaterIts filth progress report on December 14, appenrd in the Federal Reglister..Those Commission (U.S. Section), 44 FR 06268

197. (4 F 278162;44 R 303-M-44 agencies whose final procedures are (Oct. 26. marg1970. (44 FR 2876142; 44 FR 430374t 44 ~~Pennsylvania Avenue DevelopmentFRt 55408--55410t 44 FR 6313245133; 44 expected within 30 days are marked Corporation. 441FE41925 (Aug. 6 Ion)FR 72622-72623.) The sixth progress with a single asterisk ('); thorn expected Small Business AdminIstration, Ms Fl 45002report appears below. The Council within 60 days by a double asterisk (". (uly 31. In7)'hopes that concerned members of the ACZION. a4 KilO112 (Oct 1. I1 979) Tennessee Valley Authority, 44 Fit670public will re-view and comment upon Advise 7y Council on Historic Preservation. 44 OdY6lnagency procedures to insure that the FRt 40653 (July12. 1979)' Veterans Administra tion. 441PR4828 (Aug.reforms required by President Carter Agency for International Development, 441 17 . 1070)'

andby he ouni~ereglatonsare Mrnm (Oct 1.107n) FR467(u.~ Category No. t: Anticipate Publication ofimplemented. Agencies preparing uvil AeroauticsPbad, 44 e by Mar. 1,1660e197SF-ImplementIng procedures are listed Consumer Product Safety Commission, a4 PR This category Includes agencies thatunder one of the following four siam (Oct ii. ifO) -r expected to publish proposed

* cstegories: Department of~~~~~a AI utr:procedures In the Federal Register byCategoryNo.1: Fis] proceiures ~Awiculture Sta fizkation and Conservation Mar. i. 1960

Does Published SevFeM41446 (July2. n Ar.s Control and Disannament Agency

This category includes qlgencies Dprmnofeen Bureau of InAlan Affairs -whose final procedures have appeared Depa ouet of the m~Ie 4FR 441a ueuo adMngmn

Department ofthe Ary op fDepartment of Health. Educealion andCentral Intelligence Agency, 44 PR 45431. Englineers. 4MW 3892 Dune 3.12979)' Welfare

(Aug. &. 1107) Department of thre Army. 45 FR 1066 (Jan. 4. Federal Rosary, SystemDepartment of Agriculture, 44 PR44a00* 10603IT Geological Survey

So.1ion) Deartet"fCmmrLaw Enforcemewnt Assistance Adminfistra tionAnimal end Plant Health Inspection Service, National Oceanic and Atmospheric Nationl Ouedit Union Administration

441F5t3N1 (Aug. 2s. ig7gj (correction: 44 Admin-Istration. 44 FR Gom (Oct. 22. Natdna Park ServiceFR aim2 (Aug. 31.1070)3 . Is1)' Nuclear Regulatory Commission

Page 59: OPIC Released Documents 11-20

.8640 ~~Federal Regiger IVol. 48, No. 20 / Tuedy aur 9 o oieOffice of Surface Mainis Redlamatuo and Fort Indlmntown cap, Annvilne. during the period: Tuesday. April 1.1980oContrj

Pennsylvania. throuigh husaApril 3,1298.

ScDepcarmnddction A dmnitato The EIS will Place special emphaisud The entire meetin.g Is devoted to the(Deparment O Agriclture)on soclo~economic factors in the Forl discussion of dlassified information

Category 4041: Publication of Proposed Indlantown Gap area. The currenit within the meaning of section 582 b~c)fi].Procedures Delayed Beyond March 1, mission of Fort Indiantzown Cap is to Title 8 of the U.S. Code, and therefore2nec

provide garrson. administrative will be closed tothe public.This category Includes agencies that truining, and logistical "IppomIt tAnrmy IL L LefaiiL

are not expected to publish proposed cailts and activitie, at Port indimntown Drco.Cne~oc~ n~rcprocedures in the Federal Resister by Cap and in its assigned geographic area. D~lrCunrinlne n~rclii

Mar. 1, 1980. ~~The proposed realsnmnenh of the US Dpn~m~pM ar. l~~~~i~~ a~~ . MA m y m iss mo n a t Po rt l nd la n to w ij Ga p Ja n ua r y 22, n s

Appalachian Regional Commission wol eueA yOcpc tPr RC n" rat I e ssComuintiny Services Admtlnistrumo wondlatn Gapu nAny efoprtc atFoiprtv asccu.gDepartmen of the Navy

cnlnomb at na fotftma e-ii

Delue.s Logistics AgencyAry cpbltsthogEconomic Development Administraeson Imrvdmngm tOfMyTsFoc

iEssag~ofAitFarm Credit Administration

resourcos.eThinEalternatives willlhFederal Deposit Insurance Cowpozatioy, occupancy at Fort Indlano awt opnnso h eatetofFederal Home Loan Bank Board the Department of Militr Afar, Dfne dioyCm~teMeetingFedeoraltaionganonIsrneCn

on.joPnyln Pursuant to the Federal Advisory

Food n rugpoinratio supportin.g Army tenants and Reserve Comittniee Act. as amended, section io.

lnlrstte ommrceComisson Components training at Fort IndiantownIdetro C~~~~~~~ap, and Fort Meadeg assiuming the area S U.S.C aPP. section to (19783, notice issupport mission:- (21 retaining For hereby given that ameeting of the Task

National Highway Traffic Safety IdatwGpasa mubinstailatson of Freand Envast uative Components ofectheAdministration ~~Foal Meade with Fort Mtead. assumig Deprtmen of Deet wleheldo

Saint Lawrence Seaway Corporation the area support missitial and(8]Debrartmn Of a fnd 1wil0 beo held tonSecurities and Exchange Commission th sats uo The a3 eray1 n 2. 9 rm2Wtretaining tesauqo.TeArmyg uva and 12330 to 1830 each day In Room

The development of agency Preferred alternative, at present, Is anon. The Pentagon. Washbington D.C.implementing procedures is a critical Alternative i.stage In Federal efforts to reform the A meeting will be held at For The mission of the Teask Force is toNEPA Process. These Procedures must. Indiantown Cap, BuIldn ii t7advise Cnrs n h toseyo

ding 116 at 730 De onse irspec and the Sceayoof course, be consistent with the pim ofl 20 Feb 79 to consider the scope of effectiveness of the audlit Inspection

Councils regu azions and p o i et e issesn t of be a d a din the E13 and to and investigative components of themeans or red cing p perwor and I entifythe significant Issues, Federal, Department of Defense.

delay andprodu ingbter decisions In state, and local agencies, private The meeting will be open to theagen y plnnin anddeciionm kjng Organizations, and interested persons pulcInteresed persns willhave ~are encouraged to attend and participate ubIK. Lfaj

opportnty to maetersgetos in the meeting. comments as to the WaILhLidson

for improvingagec poe ewhn scope of issue, and impact analysis to JkoO'Q,*cvnW&N, mwvep onni.ntothey are publishe inteFdrlbe included in the EIS also may be He0*aHne. r~ft6 oRegister in proposed fr.Bodpb ic ailed to Headquarters, Departmenof Des.ParticIpation at this crca ucue the Army, AM:N DAEN-g=, o January is. lowcould go a long way twrenung Washington. DC 20310. Further

-2O oat "tat6 lthat the Doals of the NEArgltos infonnat ion concerning the Proposed O_______c _______________are widely implementdi h a-o realgmnt and the MIS ,r. Ces may be 0

da fcivities of goven ntoaid from MAJ Nataluk. (703) 94- DEPARTMENT OF ENERGYGeneral Counsel

Daniel IL Vo, hlatjopjg Petrobeum Counot. Oil Supply,January 24. IM. ~Acrtin Dept"Y'lfornviriinmntil, Sdfeoty'ad Demand and Logistics Task GWOuW md

PR D 8~2 F1 1n,o, ,a,n wiaoa~at AW M fth coordinating Suibcommittee of thesRLLM Coca 31264'.u IM DoM 1u-271 isue -4.a, WA.ml Committee on Refinery Flexbmtw"Isto cow sru-0g..NM eetings

Notice is hereby given that the OilDepartment Of the Army Organization of Ute joint Chits, of Group and the Coordinatingstaff; Joint strategic TargeatPIfn Subcommittee Of the National Petroleum

Mission ReallneMent StFr Staff Scientific Advisory .~~mrii Councils& Committee On RefineryClosed Meeting FleXIbilityr will meet on Friday, February

India~own Gap, Annviue, Pa intent To . - 15, 1980 and Tuesday. February is. irno

Prifeparewn ClpErnvuro sn 'Pa.ItetT Pursuant to the provisions of Sectiron resPectvely In the Standard OilSw~~~merit ~~~~10 of Pub. L 92-43. effective January 5, Company Of California Bulldlng5Notie isherey gien o intnt197S as amended by Pub. L 04-40 Bush Street. San Frandsco, Cal fornIa,

Notie I heebygivn o Inentto notice is hereby given that a meeting of - beginning at 20:0 ain.prepare an Environmental impact the joint Strategic Target Plainzing Staff T'he National Petroleum Cor iStatement CES onf rn the posagad sibleo Scientific Advisory Group will be held provides techinical advice and

reali nmen of t e on oing issi n of at Offutt Air Forc Base, Nebraska. Information to the Secretary of Energy

Page 60: OPIC Released Documents 11-20

EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL QUALITY

722 JACKCSON PLACE. N. W.WASHINGTON, D. C. 20006

March 20, 1980

Federal RegisterRoam 84011101 L Street, N.W.Washington, D.C. 20408

ATTN: Ilona Hays

Dear Ms. Hays:

I am enclosing the Seventh P'rogress Report on Agency ImplementingProcedures Under the National Environmental Policy Act and theFourth Progress Report on Agency Procedures Implementing E.0.12114 for publication in the Federal Register at the earliestpossible time.

Your cooperation In publication of the progress report isgreatly appreciated. If there are any questions, pleasecontact me at 395-5750.

Sincerely,

Faster Knight

Deputy General Counsel

Enclasures

Page 61: OPIC Released Documents 11-20

AGENCY: Council on Environmental Quality, Executive Office of the

President

ACTION: Information Only: Publication of Seventh Progress Report on

Agency Implementing Procedures Under the National Environmental

Policy Act

SUMMARY: In response to President Carter's Executive Order 11991, on November 29,

1978, the Council on Environmental Quality issued regulations implementing the

procedural provisions of the National Environmental Policy Act ("NEPA"). 43

F.R. 55978-56007; 40 C.F.R. 1500-08) Section 1507.3 of the regulations provides

that each agency of the Federal Government shall have adopted procedures to

supplement the regulations by July 30, 1979. The Council has indicated to

Federal agencies its intention to publish progress reports on agency efforts

to develop implementing procedures under the NEPA regulations. The purpose of

these progress reports, the seventh of which appears below, is to provide an

update on where agencies stand in this process and to inform interested persons

of when to expect the publication of proposed procedures for their review and

comment.

FOR FURTHER INFORMATION CONTACT:

Nicholas C. Yost, General Counsel, Council on Environmental Quality, 722

Jackson Place, N.W., Washington, D.C. 20006; 202-395-5750.

Page 62: OPIC Released Documents 11-20

SEVENTH PROGRESS REPORT ON AGENCY IMPLEMENTINGPROCEDURES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT

At the direction of President Carter (Executive Order 11991), on November 29i

1978, the Council on Environmental Quality issued regulations implementing the

procedural provisions of the National Environmental Policy Act ("NEPA').

These regulations appear at Volume 43 of the Federal Registe~r, pages 55978-

56007 and in forthcoming revisions to Volume 40 of the Code of Federal Regulations,

Sections 1500-1508. Their purpose is to reduce paperwork and delay associated

with the environmental review process and to foster environmental quality

through better decisions under NEPA.

Section 1507.3 of the NEPA regulations provides that each agency of the Federal

government shall adopt procedures to supplement the regulations. The purpose

of agency "implementing procedures," as they are called, is to translate the

broad standards of the Council's regulations into practical action in Federal

planning and decisionmaking. Agency procedures will provide government personnel

with additional, more specific direction for implementing the procedural

provisions of NEPA, and will inform the public and State and local officials

of how the NEPA regulations will be applied to individual Federal programs and

activities.

In the course of developing implementing procedures, agencies are required to

consult with the Council and to publish proposed procedures in the Federal

!At&iste~r for public review and comment. Proposed procedures must be revised

as necessary to respond to the ideas and suggestions made during the comment

period. Thereafter, agencies are required to submit the proposed final version

of their procedures f or 30 day review by the Council for conformity with the

2

Page 63: OPIC Released Documents 11-20

Act and the NEPA regulations. After making such changes as are indicated by

the Council's review, agencies are required to promulgate their final procedures.

Although CEQ's regulations required agencies to publish their procedures by

July 30, 1979 a number of Federal agencies did not meet this deadline. We

stress, however, that the CEQ regulations are in effect now and are binding on

all agencies of the Federal government now, whether or not the agencies are on

time or laggard with their own procedures.

The Council published its first progress report on agency implementation

procedures on May 7, 1979, its second report on July 23, 1979, its third

report on September 26, 1979, its fourth report on November 2, 1979, its fifth

report on December 14, 1979 and its sixth progress report on January 29, 1980.

(44 F.R. 26781-82; 44 F.R. 43037-38; 44 F.R. 55408-55410; 44 F.R. 63132-63133;

44 F.R. 72622-72623; 45 F.R. 6638-6640.) The seventh progress report appears

below. The Council hopes that concerned members of the public will review and

comment upon agency procedures to insure that the reforms required by President

Carter and by the Council's regulations are implemented. Agencies preparing

implementing procedures are listed under one of the following four categories:

Category# 1: Final Procedures Have Been Published

This category includes agencies whose final procedures have appeared In the

Federal Register.

Advisory Council on Historic Preservation, 45 F.R. 4353 (Jan. 22, 1980).

Central Intelligence Agency, 44 F.R. 4-5431 (Aug. 2, 1979).

3

Page 64: OPIC Released Documents 11-20

Department of Agriculture, 44 P.R. 44802 (July 30, 1979)

Animal and Plant Health Inspection Service, 44 F.R. 50381

(Aug. 28, 1979) [correction: 44 F.R. 51272 (Aug. 31, 1979)]

Forest Service, 44 P.R. 44718 (July 30, 1979)

Soil Conservation Service, 44 F.R. 50576 (Aug. 29, 1979)

Rural Electrification Administratio,. 45 F.R. 6592 (Jan. 29, 1980)

Department of Defense, 44 F.R. 46841 (Aug. 9, 1979)

Department of Transportation, 44 F.R. 56420 (Oct. 1, 1979)

Federal Aviation Administration, 45 F.R. 2244 (Jan. 10, 1980)

Department of the Treasury, 45 F.R. 1828 (Jan. 8, 1980)

Environmental Protection Agency, 44 P.R. 64174 (Nov. 6, 1979)

Export-Import Bank, 44 P.R. 50810 (Aug. 30, 1979)

General Services Administration, 45 P.R. 83 (Jan. 2, 1980)

Public Buildings Service (see 44 F.R. 65675, Nov. 14, 1979)

International Communications Agency, 44 F.R. 45489 (Aug. 2, 1979)

Marine Mammal Commission, 44 P.R. 52837 (Sept. 11, 1979)

National Aeronautics and Space Administration, 44 P.R. 44485 (July 30, 1979)

[corrections: 44 P.R. 49650 (Aug. 24, 1979); 44 P.R. 69920 (Dec. 5,

1979)]

National Capitol Planning Commission, 44 F.R. 64923 (Nov. 8, 1979)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _4

Page 65: OPIC Released Documents 11-20

National Science Foundation, 45 F.R. 39 (Jan. 2, 1980)

Overseas Private Investment Corporation, 44 F.R. 51385 (Aug. 31, 1979)

[NEPA Procedures are contained In this agency's procedures imple

menting Executive Order 12114 cited above.]

Postal Service, 44 P.R. 63524 (Nov. 5, 1979)

Small Business Administration, 45 F.R. 7358 (Feb. 1, 1980).

Water Resources Council, 44 'P.R. 69921 (Dec.. 5, 1979)

Category #2: Proposed Procedures Have Been Published

This category includes agencies whose proposed procedures have appeared in the

Federal Register. Those agencies whose final procedures are expected within

30 days are marked with a single asterisk (*;those expected within 60 days

by a double asterisk(*.

ACTION, 44 P.R. 60110 (Oct. 18, 1979)

Agency for International Development, 44 P.R. 56378 (Oct. 1, 1979)*

Civil Aeronautics Board, 44 F.R. 45637 (Aug. 3, 1979)*

(reissuance of part: 45 P.R. 16132 (Mar. 12, 1980)

Consumer Product Safety Commission, 44 P.R. 62526 (Oct. 31, 1979)

5

Page 66: OPIC Released Documents 11-20

Department of Agriculture

Agriculture Stabilization and Conservation Service, 44 P.R. 44167

(July 27, 1979) [correction: 44 P.R. 45631 (Aug. 3,.197,9)3*

Science and Education Administration, 45 P.R. 11147 (Feb. 20, 1980)

Department of Defense

Department of the Air Force, 44 P.R. 44118 (July 26, 1979)*

Department of the Army, Corps of Engineers, 44 P.R. 38292 (June 29,

1979)*

Department of the Army, 45 F.R. 1086 (Jan. 4, 1980)

Department of Commerce

National Oceanic and Atmospheric Administration, 44 P.R. 60779

(Oct. 22, 1979)*

Department of Energy, 44 P.R. 42136 (July 18, 1979)*-

Federal Energy Regulatory Commission, 44 P.R. 50052 (Aug. 27, 1979)*

Department of Health, Education and Welfare, 45 P.R. 14651 (Mar. 6, 1980)

Food and Drug Administration, 44 P.R. 71742 (Dec. 11, 1979)

Department of Housing and Urban Development, 44 P.R. 67906 (Nov. 27, 1979)*

Community Development Block Grant Program 44 P.R. 45568 (Aug. 2, 1979)*

Department of the Interior, 44 P.R. 40436 (July 10, 1979)*

Water and Power Resources Service, 44 P.R. 47627 (Aug. 14, 1979)*

Heritage Conservation and Recreation Service, 44 F.R. 49523

(Aug. 23, 1979)*

Fish and Wildlife Service, 44 P.R. 65822 (Nov. 15, 1979)**

6

Page 67: OPIC Released Documents 11-20

Bureau of Mines, 45 F.R. 10043 (Feb. 14, 1980)

Office of Surface Mining Reclamation and Control, 45 F.R. 10043 (Feb. 14, 1980)

Department of Labor, 44 P.R. 69675 (Dec. 4, 1979)

Department of Justice, 44 P.R. 43751 (July 26, 1979)*

Drug Enforcement Agency, 44 P.R. 43754 (July 26, 1979)*

Immigration and Naturalization Service, 44 P.R. 43754 (July 26, 1979)*

Bureau of Prisons, 44 P.R. 43753 (July 26, 1979)*

Department of State, 44 P.R. 66838 (Nov. 21,'1979)*

Department of Transportation

Coast Guard, 44 P.R. 59306 (Oct. 15, 1979)*

Federal Highway Administration, 44 P.R. 59438 (Oct. 15, 1979)*

Federal Railroad Administration, 44 P.R. 40174 (July 9, 1979)*

Urban Mass Transportation Administration, 44 P.R. 59438 (Oct. 15, 1979)*

Federal Communications Commission, 44 P.R. 38913 (July 3, 1979)**

Federal Emergency Management Agency, 44 P.R. 70197 (Dec. 6, 1979)

Federal Maritime Commission, 44 F.R. 29122 (May 18, 1979)*

Federal Trade Commission, 44 P.R. 42712 (July 20, 1979)

International Boundary and Water Commission (U.S. Section). 44 F.R. 61665

(Oct. 26, 1979)*

7

Page 68: OPIC Released Documents 11-20

Interstate Commerce Commission, 45 F.R. 15236 (Mar. 10, 1980)

National Credit Union Administration, 45 F.R. 12211 (Feb. 25, 1980)

Nuclear Regulatory Commission, 45 F.R. 13739 (Mar. 3, 1980)

Pennsylvania Avenue Development Corporation, 44 F.R. 45925 (Aug. 6, 1979)

Tennessee Valley Authority, 44 P.R. 39679 (July 6, 1979)*

Veterans Administration, 44 P.R. 48281 (Aug. 17, 1979)*

Category 1/3: Anticipate Publication of Pro osed Procedures b~y Mayj,1 1980

This category includes agencies that are expected to publish proposed procedures

in the Federal Register by May 1, 1980.

Arms Control and Disarmament Agency

Bureau of Indian Affairs

Bureau of Land Management

Department of Health, Education and Welfare

Economic Development Administration

Federal Reserve System

8

Page 69: OPIC Released Documents 11-20

Geological Survey

Law Enforcement Assistance Administration

National Park Service-

Category t14: Publication of Proposed Procedures Delayed Beyond May 1, 1980

This category includes agencies that are not expected to publish proposed

procedures in the Federal Register by May 1, 1980.

Appalachian Regional Commission

Community Services Administration

Department of the Navy

Defense Logistics Agency

Fanm Credit Administration

Farmers Home Administration

Federal Deposit Insurance Corporation

Federal Home Loan Bank Board

Federal Savings and Loan Insurance Corporation

9

Page 70: OPIC Released Documents 11-20

METRO

National Highway Traffic Safety Administration

Saint Lawrence Seaway Corporation

Securities and Exchange Commission

The development of agency implementing procedures is a critical stage in

Federal efforts to reform the NEPA process. These procedures must, of course,

be consistent with the Council's regulations and provide, the means for reducing

paperwork and delay and producing better decisions in agency planning and

decisionmaking.

Interested persons will have the opportunity to make their suggestions for

improving agency procedures when they are published in the Federal Regis te r in

proposed form. Broad public participation at this crucial juncture could go a

long way toward ensuring that the goals of the NEPA regulations are widely

implemented in the day-to-day activities of government.

NICHOLAS C. YOST

General Counsel

March 20, 1980

10

Page 71: OPIC Released Documents 11-20

COUNCIL ON ENVIRONMENTAL QUALITY

Fourth Progress Report On Agency Procedures Implementing Executive Order

12114, "Environmental Effects Abroad of Major Federal Actions" (January 4,

1979)

AGENCY: Council on Environmental Quality, Executive Office of the President.

ACTION: information Only: Publication of Fourth Progress Report on Agency

Procedures Implementing Executive Order 12114, "Environmental Effects Abroad

of Major Federal Actions"

SUMMARY: On January 4, 1979, President Carter issued Executive order 12114

entitled "Environmental Effects Abroad of Major Federal Actions." Executive

order 12114 requires all federal agencies taking major federal actions outside

the U.S. which are encompassed by and not exempted from the Order, to have in

effect procedures implementing the Order within 8 months after January 4, 1979

(i.e., by September 4, 1979). The order requires agencies to consult with the

Council on Environmental Quality and the Department of State before putting

their implementing procedures in effect. The Council has previously published

certain explanatory documents concerning implementation cf E.O. 12114 (44 F.R.

18722, March 29, 1979). On September 26, 1979 the Council published its first

progress report on agency procedures implementing the Executive Order (44 F.R.

55410), on November 6, 1979 a second progress report (44 F.R. 64101) and on

January 29, 1980 a third progress report (45 F.R. 6638). The purpose of this

fourth progress report is to provide an update on where affected agencies

stand in this process.

Page 72: OPIC Released Documents 11-20

FOR FURTHER INFORMATION CONTACT: Nicholas C. Yost, General Counsel, Council

on Environmental Quality, 722 Jackson Place, N.W., Washington, D.C. 20006;

(202) 395-5750.

FOURTH PROGRESS REPORT ON AGENCY PROCEDURES IMPLEMENTING E.O. 12114

The progress report lists federal agencies in two categories In Category 1

are agencies that have published proposed or final procedures implementing

Executive order 12114. Category 2 lists agencies that have prepared draft

procedures or are in the process of-developing such procedures, and contains

an estimated time such procedures will be published in the Federal Register.

Category 1--Federal agencies that have pub1ished oprposed or final Pro cedures

implementing E.O. 12114.

Department of Defense Final Procedures issued April 12, 1979

(44 Fed. Reg. 21786)

Export-Import Bank of the Final* Procedures issued August 20, 1979

United States (44 Fed. Reg. 50813)

Overseas Private Investment Finai* Procedures issued August 31, 1979

Corporation (44 Fed. Reg. 51.385)

National Oceanic and Proposed Revised NOAA Directive Implementing

Atmospheric Administration NEPA and E.0. 12114, October 22, 1979 (44

Fed. Reg. 60779)

2

Page 73: OPIC Released Documents 11-20

Department of Commerce Proposed Procedures issued February 12, 1980

(45 F.R. 9307)

Department of Energy Proposed Guidelines issued September 6,

1979 (44 Fed. Reg. 52146)

Department of State (1) Foreign Affairs Manual Circular 1No.

807A, Procedures implementing E.O. 12114,*

(except nuclear actions) November 21,

1979 (44 Fed. Reg. 67004).

(2) "Unified Procedures Applicable To

Major Federal Actions Relating To Nuclear

Activities Subject To Executive Order

12114,'* November 13, 1979 (44 Fed. Reg.

65560)

Agency for International Proposed Environmental Regulations, October 1,

Development 1979 (44 Fed. Reg. 56378)

Department of Transportation Contained in NEPA procedures (DOT Order

5610.10) issued OC'tober 1, 1979 (44 Fed.

Reg. 56420), Paragraph 16

National Aeronautics and Contained in NEPA procedures, Section

Space Administration 1216.321 issued July 30, 1979 (44 Fed.

Reg. 44490-44491)

3

Page 74: OPIC Released Documents 11-20

Department of Agriculture Proposed amendments (containing procedures

implementing E.O. 12114) to departmental

NEPA procedures, November 15, 1979 (44

Fed, keg. 65768)

Environmental Protection Proposed procedures implementing E.O.

Agency 12114, November 29, 1979 (44 Fed. Reg.

68776)

*Although not published in proposed form for public review and comment,

the preamble provides an opportunity for public comment on final procedures.

Category 2--Federal agencies scheduled to publish procedures implementing

E.O. 12114 in the near future.

Department of Treasury Proposed procedures implementing E.O. 12114

are awaiting final approval. (Publication

anticipated by February 15, 1980).

Department of Interior Draft procedures implementing E.0. 12114

are under preparation. These procedures

are expected to be published in the near

future.

NICHOLAS C. YOST

General Counsel

DATE: March 20, 1980

4

Page 75: OPIC Released Documents 11-20

19294 Federal Register IVol. 45, No. 59 / Tuesday, March 25, 1980 / Notices

Dated: March 20,1i98. Section 1507.3 of the NEPA Category 1? Final Procedures Have BeenEdward L Strohzbela, Jr., regulations provides that each agency of PublishedExecutive Director. - the Federal government shall adopt This category includes agenciesIFR Oct MD-1105 Ffled 3-5,4- 8.5e. procedures to supplement the woefnlpoeue aeapaestLUNG COMs sns-oi-u regulations. The purpose of agency whos fin eeal proeuegste veapeae

"Implementing procedures," as they are inteFdrlRgsrcalled, is to translate the broad Advisory Council on Historic Preservation, 45

6- Publication of Seventh Progress standards of the Council's regulations Pen 4353 (Jateliec Agnc. 44 FR4543Report on Agency ImplementIng into practical action in Federal planning Cetalunelgenc2 Agn1979). 443Procedures Under the National and decisionnmaking. Agency procedures Department of Agriculture. 44 FR 44802 (ualyEnvironmental Policy Act will provide government personnel with 30. 1979).AGENCY' Council on Environmental additional, more specific direction for Animal and Plant Health InspectionQuality, Executive Office of the implementing the procedural provisions Service, 44 FR 50aM (Aug. 28, 1979)President. of NEPA. and will inform the public and [correctdon: 44 F& 51272 (Aug 31.1979).ACTION: Information Only: Publication of State and local officials of how th Forest Service, 44 FRt 447i 18 1 30.197%.lSoil Conservation Service. 44 50576Seventh Progress Report on Agency NEPA regulations will be applied to (Aug. 29, 1979].Implementing Procedures Under the individual Federal programs and Rural Electrification Administration, 45 FRNational Environmental Policy Act. activities. Dep (artfnt of Defense. 44F 641(u.9

SUJMMAAY: In response to President In the course of developing Dearint)fDfne.4FR4si(u.9Carter's Executive Order 11991 on imiplementing procedures, agencies are Deatmn o rnsotain 4 R 82

November 29. 1978, the Council on required to consult with the Council and (Oct 1, 199). -

Environmiental Quality issued to publish proposed procedures in the Federal Aviation AdminIstration. 45 FRregulations implementing the procedural -Federal Register for public review and( ~ Deparen. 1o, 1980).uy,4 F l2provisions of the National comment. Proposed procedures must be Deatmn o1heTe8u0)4.R 80 JnEnvironmental Policy Act ("NEPA"] (43 revised as necessary to respond to the Environmental Protection Agency. 44 FRFR 55978-56007: 40 CFR 1500-08] Section ideas and suggestions made during the 84174 (Noiv. a, in7).1507.3 of the regu~aions provides that comment period. Thereafter, agencies Export-Import Bank, 44 FR 5051 (Aug. 30.each agency of the Federal Government are required to submit the proposed 287).shall have adopted procedures to final version of their procedures for 30 General Services AdmInistratio,45 FR 83supplement the regulations by July 30, day review by the council for conformity gJa. 2. 1980).1979. The Council has indicated to with the Act and the NEPA regulations. Public Buildings Service (seeM" FR 65875,Federal agencies its intention to publish Ale adgsc hne saeNov. 14, 1979).After aking uch canges s areInternational Communications Agency, " FRprogress reports on agency efforts to indicated by the Council's review, 4$-89 (Aug. 2. 1979).I develop implementing procedures under agencies are required to promulgate Marine Mammal Commission, 44 FR 52837the NEPA regulations. The purpose of their rmnal procedures. Although CEQ's (Sept. 11. 1979].these progress reports, the seventh of regulations required agencies to publish National Aeronautics and Spacewhich appears below, is to provide an - hi~poeue yJl 0 99aAdministration. 44 FR 44485 (Jul 30.update on where agencies stand 'in this ntheir pofedrerabJly 3ode did9 noame 19793) [corrections: 44 FR 4960M (Aug. 24,process and to inform interested persons this ro dead erne l W genstress howeverthat 19793; 44 FR 69920 (Dec. 5,1l9793.of when to expect the publication Of tideln'Wesrshwvtat National Capitol Planning Commission 44 FRproposed procedures for their review -the CEQ regulations are in effect now 64923 (Nov. 8. 1979).

and comment. ~~~~~and are binding on all agencies of the National Science Foundation, 45 FR 39 (Jan. 2.and comhient. ~~~Federal government now, whether or not

FOQ PURWTHEN INFORMATION CONTACT: Overseas Private Investment Corporation. 44Nichoas C.Yost.Generl Cousel, the agencies are on time or laggard with FR 51385 (Aug. 31, 1979) WNEA

NchounsCil Yon t Enirnentral Qouaslt, 22 their own procedures. Procedures are contained in this agency'sJackson Place, NW., Washington, D.C. The Council publisbed its first procedures implementing Executive20006; 202-395-5750. progress report on agency - Order 22114 cited above].

implementation procedures on May 7 , Postal Service. 44 FR 8352 (Nov. 5.18I9).Seventh Progress Report on Agency ~~~~~~~Small Business Administration. 45 FR 7358Sevenh ProressRepor on Aency 1979, its second report on July 23, 1979,b .18.

Implementing Procedures Under the tstidrptonStebr2, 197, t Water. Reouce Concl 4 R 99 DcNationl Envionmentl Poliy Act fourth report on November 2, 1979, its 5,1979].

At the direction of President Carter fifth report on December 14, 1979 and its(Executive Order 11991). on, November sixth progress report on January 29, Cat egory zPrposed Proced ures Hiave29. 197, the Council on Environmental 1980. (44 F'R 28781-8Z- 44 FR 43037-38; 44 Been PublishedQuality issued regulations implementing FR 55408-55410o 44 FR M313Z-0fl33: 44 This category includes agenciesthe procedural provisions of the FR 72622-72823, 45 FR 6638-6640.] The whose proposed procedures haveNational Environmental Policy Act seventh progress report appears below. ' appeared in the Federal Register. Those('NEPA"). These regulations appear at The Council hopes that concerned agencies whose final procedures areVolume 43 of the Federal Register, pages members of the public will review and expected within 30 days arebimarked55978-66007 and in forthcomingcomnupnaecprcdrst wihasnlatrsk(:hsexetdrevisions to Volume 40 of the Code of insurentht then rgeform proequired by withasing6 asbyadule asterisk ( n):toe xeceFederal Regulations, Sections 1500-1508. nueta h eomsrqie ywti 0dasb obeatrsTheir purpose is to reduce paperwork President Carter and by the Council's ACTION, 44FR Salto (Oct. 18, 1979].and delay associated with the regulations are implemented. Agencies Agency for International Development 44 FRenvironmental review process and to preparing implementing procedures are 58378 (Oct 1. 197).-foster environmental quality throujh listed under one of the following four -Civil Aeronautics Board. 44 FRt 45837 (Aug. 3.

better decisios under NEPAcategories: - ~ 1079).' [reissuance of part: 45 FR 18132better decisions under NEPA. "2Z(Mar 12,980)].

Page 76: OPIC Released Documents 11-20

Federal Register /Vol. 45, No. 59 ITuesday. March 25, 1980 /Notices 19295

Consumer Product Safety Commission. 44 FR National Credit Union Administration.,45 Fit are widely Implemented in the day-to-82526 (Oct. 31. 1979). 12211 WFeb. m5i1Mo). day activities of government

Department of Agriculture- Nuclear Regulatory Commission, 45 FR 13739 NihlsCYotAgriultre tabiizaionandConservation (Mar. 3,1M90). - General Counsel.

Service, 44 FR 44187 aJuly 27.1979) PenyvnaA nuDvlo etMrc .ls.[conection: 44ThR 45631 (Auq. 3. 1979fl.* Pennsylaniaovnue4 R452 Devlouicis . 171 RDMac 20,1W8

Science and Eduwation Administration. 45 Croao.MR405(u.817)FR 1114? (Feb.20, 1968). Tennessee Valley Authority, 44 FS 3987 o.sa RM544f 4

Department of Defense- UJuly S. si97fi000 SWUG SOD OI12-01il1

Department of the Air Force, 44 FR 44118 Veterans Administration. 4FR 4828 (Aug.(unly 28. 1979).* 17. 1979).*

Department of the Army. Corps of - DEPARTMENT OF DEFENSEEngineers. 44 FRt 3829 (Une 29. 1979)*. Categoqy &-Anticlipate Publication of

Department of the Amny, 45 FR 1088 (Jan. 4. proposed procedures by May 1. 1980 Defeonse Advisory Commiittee on

Department f Commerce-This category includes agencies that Woman In the Services (DACOWITSX

National Oceanic and Atmospheric are expected to publishiproposed . Meeting9AdmInistration. 44 FR 60779 (Oct 22. procedires in the Federal Register by Pursuant to Pub. L 92-463 n otice is

Department of Energy, 4MMF 42136 Igul Is, May 1. 1980 hereby given that a meeting of the1979).* Asms Control and Disarmament .Agency. - Defense Advisory Committee on

Federal Energy Regulatory Commission, 4 Bureau of Indian A~ffairs. Women in the Services (DACOWrlrS)FR5D2(Aug. 27. I97).* Burau of Lad Management will be held 21-25 April 1980 at the

Department of Health. Education. and Hotel Washingtonand the Pentagon

Welfare, 45 FR 14851 (Mar. 8. 1980). - Washington. DCLFood and Drug Administration. 44 FRt 71742 EconomIc Development AdminIstration. The purpose of the DACO WIT

(Dec. 11, 1979).ComteistasitnddvethDepartment of Housing and Urban Federal Reserve System.Comteisoasstnddveth

Development. 44 FR 87908 (Nov.27, Geological Survey. .Secrtary of Defense on matters relating1g79). - Law Enforcement Assistance Administration. to women in the Services. The.

Community Development Block Grant National Park Service. Committee meets semi-annually. -

Program 44FRt 4558 (Aug& 2 1979).* Sessions will be conducted daily asDepartment of the Interior. 44 FR 40438 (guly, Cafozy 74. )Publication of Proposed incaeadwlleopntthpui.

10, in79. Procedures Delayed Beyond Mayl1. 1980 Thicaged nda wil inlueopnt the follo ingWater and Power Resources Service. 44 FRThagnawlIcudtefooig

4782? (Aug. 14t in7). t This category includes agencies that meetings and discussions:Heritage Conservation and Recreafian are not expected to publish proposed Monday, 21 April 1960--Hote Washinglom

Service, 44 FR 49523 (A, . 19fl). procedures in the F~ederal Register by 4:00 p.m. to 10:0 pam-Registration.Fish and Wildlife Service,4 FR 851822 9MTob eerie-xeuieComte

(Nv 15. 1979)." Fb.1, Apaaha Mayi , CmmisTon.bedeteriedEectveCmmteBureau of Mines. 45 FRt 10043 We!.mmuApaacian Regional Commnissraion. - W m. to i 0jnsOlnaonBifo

1960]. iiniiy diinloi8:pm.t7WpLOlmtonBefgOffice of Surface Mining Reclamation and Department of the Navy. ,for New Memabers.

Control, 45M 10043 (Feb. 14.1i9s). Defense LogistIcs Agency. ?08 pim. to 8:30 pa,-flN-Host CocktailDepartment of Labor, 44 FR 80875 (Deo. 4. Farm Credit Administration. Buffet

1979). ~~~~~~~Farmers Home AdministiratIon.Department of Justice. 4MFR 43751 (July AL. Federal Deposit insurance Corporation. Tusy.UAd M-aioHI

1979).* Federal Home Lo l ank Board. 90:00 sam. to SS0 pinr-Semlnar on *"WomenDrug Enlargement Agency, 44 FR 43754 ~~~- in the Military." co-sponsored by the

Drug Enfrgmen Aenc, 4 F 475 Federal Savings and Loaninsurance DACOWrrS and the Conigresswomen's

immigration and Naturalization Service. 44 Corporation..CacsFit 43754 July Zs. I979) MEMO.Cacs

Bureau of Prions. 4MFR 43753 (July 28. National Highway Traffic Sat ety Wednesday. 23 April l98b-4SD Conforenc109v9]. Administration. Room0C, 1FJO, the PUntago@ iaid Hotel

Department of State..44 FRX 68838 (Nov. 21. Saint Lawrence Seaway Corporation. Washington -

19793.' ~~~~~~~~Securities and Exchange Commission. 9:00 am. to 9.45 aJIL-Offical Opening.Dep arent of Transportation- 10.:00 as. to 1±0 aa.-OSD/Servic*t

Coas Gad44F590(Ot15, I979).* The development of agency Briefings.Federa Hiha4Amnstain MF Implementing procedures is a critical '12:00 noon to 1:30 pmn-Lvncheon (By

Fedea RalodAmi4tain FS. stage in Federal efforts to reform the invitation only).

40174 fluly B. 19791 WEA process. These piocedures must. - :30 P`m to 5:00 p~m.-Suboommittee* Urban~~ Miso ore ecnitn ihteMeetings.

UbnasTransportation 7fcusb5ositn ihteM pjaTExcutive Committee and MilitaryAdministration. 44 FR 594138 (Oct. iS. Councils regulations and provide the Representatives to DACO WITS Meeting.1919)-'

Federal Qommunications Commission, 44 FR means for reducing paperwork and38913 (July 3. 1979)."* delay and producing better decisions in -Friday, 25 April 19110-Hotel Washington

Federal Emergency Management Agency, 44 agency planning and decison ldg 9:00 am. to 10:45 am,-General BusinessFRt M097 PDec 8. 1979). Interested persons will have the Session. Presentations by inembers of the

Federal Maritime CommIssion. 44 FR 2K12 opportunity to make thefr suggestions 10:45 aa.Adjourm.id ~~~(May 18. 1979).' for improving agency procedures when3: ~~~Federal Trade Commission. 44 FR 42712 (Jully they are published in the Federal Members of the public will not be

20. 197).pemtetogontefedtioraedInternational Boundary, and Water Register in proposed form. Broad public pemtdtogonhefldrioraed

ft Commission (U.S. Section), 44 FRt 61685 participation at this crucial JIIIcdIIM the social functions.S. ~~~(Oct. 28.1 in).* could go a long way toward ensuring The following rules and regulationsS. ~~~Interstate Commerce Commission. 45 FR that the goals of the NEPA reguflations will govern the participation by

iu230 (Mar. i0on.a). -meiibers ofthe public at the meeting

Page 77: OPIC Released Documents 11-20

EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL QUALITY

722 JACKSON PLACE, N. W.WASHINGTON, D. C. 20008

June 20, 1980

Federal RegisterRoom 84011101 L Street, N.W.Washington, D.C. 20408

ATTN: Ilona Mays

Dear Ms. Mays:

I am enclosing the Eighth Progress Report on Agency ImplementingProcedures Under the National Environmental Policy Act and theFifth Progress Report on Agency Procedures Implementing E.0. 12114for publication in the Federal Register at the earliest possibletime.

Your cooperation in publication of the progress report is greatlyappreciated.. If there are any questions, please contact me. at395-5750.

Sincerely,

64k44,c-C. Foster KnightDeputy General Counsel

Enclosures

Page 78: OPIC Released Documents 11-20

COUNCIL ON ENVIRONMENTAL QUALITY

Fifth Progress Report On Agency Procedures Implementing Executive Order

12114, "Environmental Effects Abroad of Major Federal Actions" (January 4,

1979)

AGENCY: Council on Environmental Quality, Executive Office of the President.

ACTION: Information Only: Publication of Fifth Progress Report on Agency

Procedures Implementing Executive Order 12114, "Environmental Effects Abroad

of Major Federal Actions"

SUMMARY: On January 4, 1979, President Carter issued Executive Order 12114

entitled "Environmental Effects Abroad of Major Federal Actions." Executive

Order 12114 requires all federal agencies taking major federal actions outside

the U.S. which are encompassed by and not exempted from the Order, to have in

effect procedures implementing the Order within 8 months after January 4, 1979

(i.e., by September 4, 1979). The Order requires agencies to consult with the

Council on Environmental Quality and the Department of State before putting

their implementing procedures in effect. The Council has previously published

certain explanatory documents concerning implementation of E.O. 12114 (44 F.R.

1872.2, March 29, 1979). On September 26, 1979 the Council published its first

progress report on agency procedures implementing the Executive order (44 F.R.

55410), on November 6, 1979 a second progress report (44 F.R. 64101), on

January 29, 1980 a third progress report (45 P.R. 6638), and on March 25, 1980

a fourth progress report (45 F.R. 19293). The purpose of this fifth progress

report is to provide an update on where affected agencies stand in this process.

Page 79: OPIC Released Documents 11-20

FOR FURTHER INFORMATION CONTACT: Nicholas C. Yost, General Counsel, Council

on Environmental Quality, 722 Jackson Place, N.W., Washington, D.C. 20006;

(202) 395-5750.

FIFTH PROGRESS REPORT ON AGENCY PROCEDURES IMPLEMENTING E.O. 12114

The progress report lists federal agencies in two categories In Category 1

are agencies that have published proposed or final procedures implementing

Executive Order 12114. Category 2 lists agencies that have prepared draft

procedures or are in the process of developing such procedures, and contains

an estimated time such procedures will be published in the Federal Register.

Category 1--Federal agencies that have published proposed or final procedures'

implementing E.O. 12114.

Department of Defense Final Procedures issued April 12, 1979

(44 Fed. Reg. 21786)

Export-Import Bank of the Final* Procedures issued August 20, 1979

United States (44 Fed. Reg. 50813)

Overseas Private Investment Final* Procedures issued August 31, 1979

Corporation (44 Fed. Reg. 51385)

National Oceanic and Proposed Revised NOAA Directive Implementing

Atmospheric Administration NEPA and E.O. 12114, October 22, 1979 (44

Fed. Reg. 60779)

2

Page 80: OPIC Released Documents 11-20

Department of Commerce Proposed Procedures issued February 12, 1980

(45 P.R. 9307)

Department of Energy Proposed Guidelines issued Sep.:ember 6,

1979 (44 Fed. Reg. 52146)

Department of State (1) Foreign Affairs Manual Circular No.

807A, Procedures Implementing E.0. 12114,*

(except nuclear actions) November 21,

1979 (44 Fed. Reg. 67004).

(2) "Unified Procedures Applicable To

Major Federal Actions Relating To Nuclear

Activities Subject To Executive Order

12114,"* November 13, 1979 (44 Fed. Reg.

65560)

Agency for International Proposed Environmental Regulations, October 1,

Development 1979 (44 Fed. Reg. 56378)

Department of Transportation Contained in NEPA procedures (DOT Order

5610.1C) issued October 1. 1979 (44 Fed.

Reg. 56420), Paragraph 16

National Aeronautics and Contained in NEPA Procedures, Section

Space Administration 121.6.321 issued July 30, 1979 (44 Fed.

Reg. 44490-44491)

3

Page 81: OPIC Released Documents 11-20

Department of Agriculture Proposed amendments (containing procedures

implementing E.O. 12114) to departmental

NEPA procedures, November 15, 1979 (44

Fed. Reg. 65768)

Environmental Protection Proposed procedures implementing E.O.

Agency 12114, November 29, 1979 (44 Fed. Reg.

68776)

*Although not published in proposed form for public review and comment,

the preamble provides an opportunity for public comment on final procedures.

Category 2--Federal agEncies scheduled to publish procedures implemienting

E.O. 12114 in the near future.

Department of Treasury Proposed procedures implementing E.O. 12114

are awaiting final approval. (Publication

anticipated by July 15, 1980).

Department of Interior Draft procedures Implementing E.O. 12114

are under preparation. These procedures

are expected to be published in the near

future.

NICHOLAS C. YOST

General Counsel

DATE: June 20, 1980

Page 82: OPIC Released Documents 11-20

AGENCY: Council on Environmental Quality, Executive Office of the

President

ACTION: Information Only: Publication of Eighth Progress Report on

Agency Implementing Procedures Under the National Environmental

Policy Act

SUMMARY: In response to President Carter's Executive Order 11991, on November 29,

1978, the Council on Thnvironmental Quality issued regulations implementing the

procedural provisions of the National Environmental Policy Act ("NEPA"). 43

F.R. 55978-56007; 40 C.F.R. 1500-08) Section 1507.3 of the regulations provides

that each agency of the Federal Government shall have adopted procedures to

supplement the regulations by July 30, 1979. The Council has indicated to

Federal agencies its intention to publish progress reports on agency efforts

to develop implementing procedures under the NEPA regulations. The purpose of

these progress reports, the eighth of which appears below, is to provide an

update on where agencies stand in this process and to inform interested persons

of when to expect the publication of proposed procedures for their review and

comment.

FOR FURTHER INFORM4ATION CONTACT:

Nicholas C. Yost, General Counsel, Council on Environmental Quality, 722

Jackson Place, N.W., Washington, D.C. 20006; 202-395-5750.

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EIGHTH PROGRESS REPORT ON AGENCY IMPLEMENTING

PROCEDURES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT

At the direction of President Carter (Executive Order 11991), on November 29,

'1978, the Council on Environmental Quality issued regulations implementing the

procedural provisions of the National Environmental Policy Act ('NEPA').

These regulations appear at Volume 43 of the 'Federal Register, pages 55978-

56007 and in forthcoming revisions to Volume 40 of the Code of Federal Regulations,

Sections 1500-1508. Their purpose is to reduce paperwork and delay associated

with the environmental review process and to foster environmental quality

through better decisions under NEPA.

Section 1507.3 of the NEPA regulations provides that each agency of the Federal

government shall adopt procedures to supplement the regulations. The purpose

of agency "implementing procedures," as they are called, is to translate the

broad standards of the Council's regulations into practical action in Federal

planning and decisionmaking. Agency procedures will provide government Dersonnel

with additional, more specific direction for implementing- the procedural

provisions of NEPA, and will inform the public and State and local officials

of how the NEPA regulations will be applied to individual Federal programs and

activities.

In the course of developing implementing procedures, agencies are required to

consult with the Council and to publish proposed procedures in the Federal

Register for public review and comment. Proposed procedures must be revised

as necessary to respond to the ideas and suggestions made during the comment

period. Thereafter, agencies are required to submit the proposed final version

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of their procedures for 30 day review by the Council for conformity with the

Act and the NEPA regulations. After making such changes as are indicated by

the Council's review, agencies are required to promulgate their final procedures.

Although CEQ's regulations required agencies to publish their procedures by

July 30, 1979 a number of Federal agencies did not meet this deadline. We

stress, however, that the CEQ regulations are in effect now and are binding on

all agencies of the Federal government now, whether or not the agencies are on

time or laggard with their own procedures.

The Council published its first progress report on agency implementation

procedures on May 7, 1979, its second report on July 23, 1979, its third

report on September 26, 1979, its fourth report on November 2, 1979, its fifth

report on December 14, 1979, its sixth report on January 29, 1980 and its

seventh progress report on March 25, 1980. (44 P.R. 26781-82; 44 P.R. 43037-

38; 44 P.R. 55408-55410; 44 F.R. 63132-63133; 44 P.R. 72622-72623; 45 P.R.

6638-6640; 45 P.R. 19294.) The eighth progress report appears below. The

Council hopes that concerned members of the public will review and comment

upon agency procedures to insure that the reforms required by President

Carter and by the Council's regulations are implemented. Agencies preparing

implementing procedures are listed under one of the following four categories:

Category II 1: Final Procedures Have Been Published

This category includes agencies whose final procedures have appeared in the

Federal Register.

Advisory Council on Historic Preservation, 45 P.R. 4353 (Jan. 22, 1980).

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Central Intelligence Agency, 44 F.R. 45431 (Aug. 2, 1979).

Department of Agriculture, 44 F.R. 44802 (July 30, 1979)

Animal and Plant Health Inspection Service, 44 F.R. 50381

(Aug. 28, 1979) [correction: 44 F.R. 51272 (Aug. 31, 1979)].

Forest Service, 44 F.R. 44718 (July 30, 1979)

Soil Conservation Service, 44 P.R. 50576 (Aug. 29, 1979)

Rural Electrification Administratio, 45 F.R. 6592 CJan. 29, 1980)

Department of Commerce, at the Federal Register

Department of Defense, 44 F.R. 46841 (Aug. 9, 1979)

Department of Energy, 45 F.R. 20694 (Mar. 28, 1980)

Department of Health and Human Services (formerly HEW), notice of adoption

of final procedures, 45 F.R. 30138 (May 7,190, t•

Department of the Interior (revised), 45 F.R. 27541 (April 23, 1980)

Department of Transportation, 44 P.R. 56420 (Oct. 1, 1979)

.Coast Guard, 45 P.R. 32816 (May 19, 1980)

Federal Aviation Administration, 45 F.R. 2244 (Jan. 10, 1980)

Federal Railroad Administration, 45 P.R. 40854 (June 16, 1980)

Department of the Treasury, 45 P.R. 1828 (Jan. 8, 1980)

Environmental Protection Agency, 44 P.R. 64174 (Nov. 6, 1979)

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Export-Import flank, 44 F.R. 50810 (Aug. 30, 1979)

Federal Emergency Management Agency, at the Federal Register

Federal Maritime Commission, 45 F.R. 33996 (May 21, 1980)

General Services Administration, 45 F.R. 83 (Jan. 2, 1980)

Public Buildings Service (see 44 F.R. 65675, Nov. 14, 1979)

International Communications Agency, 44 F.R. 45489 (Aug. 2, 1979)

Marine Mammal Commission, 44 F.R. 52837 (Sept. 11, 1979)

National Aeronautics and Space Administration, 44 F.R. 44485 (July 30, 1979)

[corrections: 44 F.R. 49650 (Aug. 24, 1979); 44 F.R. 69920 (Dec. 5,

1979)1

National Capitol Planning Commission, 44 F.R. 64923 (Nov. 8, 1979)

National Science Foundation, 45 F.R. 39 (Jan. 2, 1980)

Overseas Private Investment Corporation, 44 F.R. 51385 (Aug. 31, 1979)

[NEPA Procedures are contained in this agency's procedures imple-

menting Executive Order 12114 cited above.]

Postal Service, 44 F.R. 63524 (Nov. 5, 1979)

Small Business Administration, 45 P.R. 7358 (Feb. 1, 1980).

Water Resources Council, 44 F.R. 69921 (Dec. 5, 1979)

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Category #2: Proposed Procedures Have Been Published

This category includes agencies whose proposed procedures have appeared in the

Federal Register. Those agencies whose final procedures are expected within

30 days are marked with a single asterisk (*); those expected within 60 days

by a double asterisk(*)

ACTION, 44 F.R. 60110 (Oct. 18, 1979)

Agency for International Development, 44 F.R. 56378 (Oct. 1, 1979)*

Arms Control and Disarmament Agency, 45 F.R. 39320 (June 10, 1980)

Civil Aeronautics Board, 44 F.R. 45637 (Aug. 3, 1979)*

[reissuance of part: 45 F.R. 16132 (Mar. 12, 1980)

Consumer Product Safety Commission, 44 F.R. 62526 (Oct. 31, 1979)

Department of Agriculture agencies

Agriculture Stabilization and Conservation Service, 44 P.R. 44167

(July 27, 1979) [correction: 44 P.R. 45631 (Aug. 3, 1979)1*

Science and Education Administration, 45 F.R. 11147 (Feb. 20, 1980)

Notice of proposed categorical exclusion of certain Department of

Agriculture agency programs, 45 F.R. 38092 (June 6, 1980)

Department of Defense agencies

Department of the Air Force, 44 P.R. 44118 (July 26, 1979)*

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Department of the Army, Corps of Engineers, 44 F.R. 38292 (June 29,

1979)*

Department of the Army, 45 F.R. 1086 (Jan. 4, 1980)

Department of Commerce agencies

National Oceanic and Atmospheric Administration, 44 P.R. 60779

(Oct. 22, 1979)*

Economic Development Administration, 45 F.R. 41028 (June 17, 1980)

Federal Energy Regulatory Commission, 44 F.R. 50052 (Aug. 27, 1979)*

Food and Drug Administration, 44 P.R. 71742 (Dec. 11, 1979)

Department of Housing and Urban Development, 44 F.R. 67906 (Nov. 27, 1979)*

x Community Development Block Grant Program 44 P.R. 45568 (Aug. 2, 1979)*2

Department of the Interior agencies

Waster and Power Resources Service, 44 F.R. 47627 (Aug. 14, 1979)**

Heritage Conservation and Recreation Service, 44 P.R. 49523

(Aug. 23, 1979)*

F'sh and WildIli~e Service, 44 F.R. 65822 (Nov. 15, 1979)*

Bureau of Mines, 45 F.R. 10043 (Feb. 14, 1980)

Office of Surface Mining Reclamation and Control, 45 F.R. 10043 (Feb. 14,

1980)

,National Park Service, 45 P.R. 32126 (May 15, 1980)

Department of Labor, 44 P.R. 69675 (Dec. 4, 1979)

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Department of Justice, 44 P.R. 43751 (July 26, 1979)**

Drug Enforcement Agency, 44 F.R. 43754 (July 26, 1979)**

Immigration and Naturalization Service, 44 P.R. 43754 (July 26, 1979)**

Bureau of Prisons, 44 F.R. 43753 (July 26, 1979)**

Office of Justice, Assistance, Research and Statistics (formerly LEAA),

at the Federal Register

Department of State, 44 P.R. 66838 (Nov. 21, 1979)*

Department cf Transportation agencies

Federal Highway Administration, 44 P.R. 59438 (Oct. 15, 1979)*

Urban Mass Transportation Administration, 44 P.R. 59438 (Oct. 15, 1979)*

Federal Communications Commission, 44 P.R. 38913 (July 3, 1979)**

Federal Trade Commission, 44 P.R. 42712 (July 20, 1979)

International Boundary and Water Commission (U.S. Section). 44 P.R. 61665

(Oct. 26, 1979)*

Interstate Commerce Commission, 45 P.R. 15236 (Mar. 10, 1980)**

National Credit Union Administration, 45 F.R. 12211 (Feb. 25, 1980)

Nuclear Regulatory Commission, 45 F.R. 13739 (Har. 3, 1980)

Pennsylvania Avenue Development Corporation, 44 P.R. 45925 (Aug. 6, 1979)

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Tenznessee Valley Authority, 44 P.R. 39679 (July 6, 1979)*

Veterans Administration, 44 P.R. 48281 (Aug. 17, 1979)*

Category #3: Anticipate Publication of Proposed Procedures by July 30. 1980

This category includes agencies tbat are expected to publish proposed procedures

in the Federal Register by July 30, 1980.

Bureau of Indian Affairs

Department of the Navy

Farmers Home Administration

Federal Reserve System

Geological Survey

Category #4: Publication of Proposed Procedures Delayed Beyond July 30, 1980

This category includes agencies that are not expected to publish proposed

procedures in the Federal Register by July 30, 1980.

Appalachian Regional Commission

Bureau of Land Management

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Community Services Administration

Defense Logistics Agency

Farm Credit Administration

Federal Deposit Insurance Corporation

Federal Home Loan Bank Board

Federal Savings and Loan Insurance Corporation

METRO

National Highway Traffic Safety Administration

Saint Lawrence Seaway Corporation

Securities and Exchange Commission

The development of agency implementing procedures is a critical stage in

Federal efforts to reform the NEPA process. These procedures must, of course,

be consistent with the Council's regulations and provide the means for reducing

paperwork and delay and producing better decisions in agency planning and

decisionmaking.

Interested persons will have the opportunity to make their suggestions for

improving agency procedures when they are published in the Federal Register in

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proposed form. Broad public participation at this crucial juncture could go a

long way toward ensuring that the goals of the NEPA regulations are widely

implemented in the day-ta-day activities of government.

NICHOLAS C. YOST

General Counsel

June 20, 1980