J ~~~~~EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL QUALITY

722 JACKSON PLACE. N. W.WASHIINGTON. 0. C. 2000f

June 20, 1980 C P E

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. at3195-5750.

Sincerely,

C. Foster KnightO'~Deputy General Counsel

Enclosures

* ~~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 Fdderal 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.

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 E.R. 64101), on

January 29, 1980 a third progress report (45 F.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.

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

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 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 Drocedures, Section

Space Administration 123.6.321 issued July 30, 1979 (44 Fed.

Reg. 44490-44491)

3

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.G.

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 July 15, 1980).

Department of Interior Draft procedures implementing E.G. 12114

are under preparation. These procedures

are expected to be published in the near

future.

NICHOLAS C. YOST

General Counsel

DATE: June 20, 1980

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 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 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 INFORMATION CONTACT:

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

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

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 nersonnel

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

2

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 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; 45 F.R. 19294.) The eighth progress report appears below. The

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

upor 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).

3

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

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 F.R. 51272 (Aug. 31, 1979)]

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

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

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

Department of the Interior (revised), 45 P.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 F.R. 40854 (June 16, 1980)

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

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

4

Export-Import Bank, 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)]

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 F.R. 7358 (Feb. 1, 1980).

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

5

Category tt2: 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 P.R. 62526 (Oct. 31, 1979)

Department of Agriculture agencies

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

(July 27, 1979) [correction: 44 F.R. 45631 (Aug. 3, 1979)1*

Science and Education Administration, 45 P.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 F.R. 44118 (July 26, 1979)*

6

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 F.R. 71742 (Dec. 11, 1979)

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

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

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'sb and Wildlife 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 F.R. 32126 (May 15, 1980)

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

7

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

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

Immigration and Naturalization Service, 44 F.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 F.R. 66838 CNov. 21, 1979)*

Department cf Transportation agencies

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

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

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

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

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

(Oct. 26, 1979)*

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 P.R. 45925 (Aug. 6, 1979)

8

Tennessee Valley Authority, 44 F.R. 39679 (July 6, l979)*

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

Category t/3: Anticipate Publication of Proposed Procedures by July 30, 1980

This category includes agencies that 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 1/4: 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

9

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

decilsionmaking.

Interested persons will have the opportunity to make their suggestions for

improving agency procedures when they are published in the Federal Register in

10

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

June 20, 1980

Federal Register IVol. 45, No. 124 /Wednesday. June 25, 1980D Notices 42M8

increase the previously established COUNCIL ON ENVIRONMENTAL Category 1-Federal agencies that havelevels of restraints for Categories 359 QUALITY published kroposed or final proceduresand 812 to the designated amounts. implementing E. 0. 12114.

Paul T. O'Day, ~~Fifth Progress Report on AgencyDeatntfeesePhaid Tn. Committee for the Implementaotion Procedures Implementing Executive Dipal rtetof efuensise: pi Z17 4

of 'textile Agreements. Order 12114, "Environmental Effects Fit 21788).Commtte fortheImpemenatin ofTexile Abroad of Major Federal Actions" Export-Import Dank of the Unites States:

Agreements ~ ~ ~ Jauay . 97)Final' Procedures issued August 20, 1979

Commissioner of Customs, AGENCY: Council on Environmental (441 FR 50813).Department of the T~reasury Washington, Quality, Executive Office of the Overseas Private Investment Corporation:

D.C, S29M President. Final'I Procedures issued August 31, 1979

Dear Mr. Commissioner This directive k(44onOl:Pulctino FR 61365).amends, but does not cancel, the directive of FifhPogrs seotonAec NAtmionalsOcanicond: topei

December 21. 1979 from the Chairman of the FitPrgesRptongnc misalo:Committee for the Implementation of Textile Procedures Implementing Executive Proposed Revised NOAA DirectiveAgreements whlch directed you to prohibit. Order 12114. "Environmental Effects linplementing NEPA and LO. 12114.for the twelve-month period beginning on Abroad of Major Federal Actions." . October 22t.197(44 FR6073).January 1.low and extending through .Department of Commerce:

' e mer31. 1980. entry into the United sUusamrY. On January 4, 1979. President Proposed Procedure. issued February 12ZStates for consumption of cotton and msan- Carter issued Executive Order 12114 ioD He5 FR OM.7made fiber textile products in Categories 358 entitled "Environmental Effects Abroad Department of Energy:

Unde the temsn ofthers Arageetf Major Federal Actions." Executive Proposed Guidelines issued September 6.

Regarding International Trade in Textiles Odr114rqie l eea 97(4F 24)done at Geneva on December 2o,1t7n, as Iagencies taking major Federal actions Department of State:extended on Deceniber is. nIl; Pursuant to outside the U.S. which are encompassed (1) Foreign Affairs Manuall Circular No.the Bilateral Cotton, Wool and Man-Made by and not exempted from the Order, to eo7A. Procedures Implementing ESO.Fiber Textile Agreements on January 9. and have in effect procedures implementing 12114.' (except nuclear actions)Ii. 1976, as amended, between the th Ore wihi a months after January Novemberified incdu (44pFRc67004).Governments of the United States and the 4. in7 (i.e., by September 4.1i979). The Majo "nFiedel Pr toeurs Applaicabl to

PoihPeople's Republic. and in accordance Order requires agencies to consult with MulajrFera Actiontis Rubelatin toExctvwith the provisions of Executive Order 11651 NcerAtvte cvof March 3. 1972. as amended by Executive the Council on Environmental Quality Order 12114."'0 November 13, 1979 (44 FROrder 11951 of January 6. 1977. you are and the Department of State before 60)directed to prohibit, effective on June 19. 1960 putting their implementing procedures in Agency for International Development:and for the twelve-month period beginning on effect. The Council has previously Proposed Environmental Regulations.January 1, 1960 and extending through published certain explanatory October 1. 1979 (44 PR 58378).

December 31, 1960, entry into the United documents concerning implementation Department of TransportationrStales for consumption and withdrawal from o .. 114(4F 82 ac 9 otie nNP rcdrs(Owarehouse for consumption of cotton and ofEO121(4FR172Mac29CntieInEPpredesDTman-made fiber textile products in Categories 1979). On September 26. 1979 the Order 5810.IC) issued October 1. 1979 (44

anand 612. produced or manufactured in Council pbihdits first progress FR 58420). Paragraph 16.

Poland in excess of the following levels of report on agekicy ptocedures Ntoa eoatc n pcrestraint: .. implementing the Executive Order (4 Administrationu

Cateory nd djused Telv-Monh Leels FR 55410). on November 6. 1979 a Contained in NEPA procedures. SectionCo~~ary, and~~~djusted Twelve-Month Levels M~~126.321 issued July 30. 1979(I44 FR -~

fitpestramnt' second progress report (44 FR 84101), on 444 ~).~~~~ ~~~~~ ~~January 29. 1980 a third progress report Department of Agriculture:

352-2.01)00O squar ads (45 FR 8638), and on March 25. 1980 a Proposed amendments (containing

The action taken with respect to the fourth prorss report (4S FRt 19293). The prcdue implementing tO. 122114) to ~Government of the Polish Peo pIe's Republic PPO 0 this Mi~ progress repast is to departmental NEPA procedures.and with respect to imports of cotton and prvd an update on where affected November 15. in7 (441R WMB).man-made fiber textilea products from Poland agencies stand in this process. Environmental Protection Agency:

the bmpemendta~ntlo ofy Texil Agreements to m- inAT CONTACT' Proposed procedures Implementing E.0.inoveI foeg farunction othUned Nicholas C. Yost, General Counsel.,21,Nvme 9 17(4F 87)

States. Council on Environmental Quality, 722 Caeo 2 edrlgncsshdudTherefore, the directions to the Jackson Place. N.W., Washington. D.C. ato pulihory2-eduera mleamentsscedle

Commissioner Of Customs, which are 300 (202 39-67514t pb is hepro edurs implremet.necessary for the implementation of such £.lp ntena uueactions, fall within the foreign sffairs Fit Provres. Report an Agency Department of Treasur.exception to the rule-moaking provisions of 5 Procedures Implementing 5.0. 12114 Proposed procedures implementing E.O.U.S.C. 553. This letter will be published in the

Federal Register. ~~The progress report lists Federal 12114 are awaiting final approval.Siceeyaenis ntw ctgois.I-Ctgoy(Publication anticipated by July 15. 1983).

PaideT. ~ay. Ia agencies i two t categor bieshnaegor Department of the Interior.Sincerely. ~ ~ ~ rpoe rfia rceue ratpoedrsiplmnig OlI

.Chaiman. Cminlueforthlnrpleentaton proosed fina procduresare under preparation. Theme proceduresofCTautile Comteements. Imlmna io implementing Executive Order 1l1l4 are expected to be published in the near

fl~ot a-fl Flie 5-sea t'a) preared draft proeue raei h uueRil..1t OO 0 50405 4E pr oess f developing suhprcedures. 'Although no published in proposed form for

_________ ~~~~~~~~and cntains an estiated time Suc Public review and comment. the presibls provides

noh levels of restraint hae" mot bean adjusted to procedures will be published in the an oppflinlity SoW public comenst on final

masted say iampom after December K.,19WM Federal Re~gister. i

A 42786 Federal Register IVol. 45, No. 124 / Wednesday, June 25. 1950 / Notices

Dated: June 20,19110. the Federal Government shall adopt This ciategory includes agencies, woamNicholas C. Yost. procedures to supplement the fial procedures have appeared in therGeneral Counsel, regulations. The pupseo agec Federal Register. 6n nDe. m11-49mn Fid s-n-a sE43 "implementing procedures," as they are Advisory Council on Historic Preservgss 41

11.1.11e Coam sits1-ct called, is to translate the broad FIR 4353 (Jan. 2I. 19801). I______________________ Scn~a~a01 ~suoncua eguaton Cantrl Intefligence Agency, 44W 45 G A(

inu ratc]msninFdrlI Aqg 2. 19711). APublication of Eighth Progess Report an ecision ~ .Department of Agriculture. 44 FR 4al g*Publiatio of EghthProgrss Rport n _aing. genc 30, 1979).I

on Agency Implementing Procedures W-UL provipe government persone i Animal and Plant Health Inspection A'ASENCt. Council on Environmental additional, more specific direction for Service, 44 FE 5038 (Aug. 28187Iw)Quality, Executive Office of the implementing the procedural provisions (correction: 44 FIR 51272 (Aug. 31. In)

President. of NEPA, and will inform the public an Forest ServIce. 44 FR 44718 0President. of NEPA, and will inform the public and Soil Conservation ServIce, 44A5OIACTION: Information Only: Publication of State and loca] officials of how the (A lr)eight proress epor on aencyNEPA regulations will be applied to Rural lcefcai.Amnstalne

implementing procedures under Ithe individual Federal programs and am5 (Jan.S2 I=)].National Environmental Policy A~ct. ec eatetof Causes at the Federalth cous odeeoigRstrOffice.-SUMMARY: In response to President Implementn prcdrs gnisae Department of Detmes. 4SW 4064 (Avg. 5.Canter's Executive Order 119911, on required to cosl ih h oni ad Dpriwto) aai. MrNovember 29, i97, the Council on toepublish pofposad rocedures In thernmjEnvironmental Quality issued Federal ReIsterfrpbieiwad Department of Health and Human Senviorregulations implementing the procedural comment. Poseprcdesmtbe. (formerly HEW, notice of adoption ofprovisions of the National revised as necessary to respond to the final procedures, 48 FR 301138 (May?,.Environmental Policy Act ("NEPA"). (43 ideas and suggestions made during the ' 88).FR 559784560107; 40 CPR 150042508.) comment period. Thereafter, agencies Depatmentt of the Interior (meined). 45 PRSection 1507.3 of the regulations ar2euie7o umt h rooei (Awrl 2s.lose).provides that each agency of the Federal final version of their procedures for 30 Depatmen of Tranprato,4 F.02Government shall have adopted day review by the Council for (ocst. i.rc 1579). N My 9 11procedures to supplement the coformity with the Act and the NEPA Federal Aviation Administpation, 45 ftregulations by July 3, in7. The Council regulations. After making such changes 2244Na.1,19)has indicated to Federal agencies its as are indicated by the Councll's review, Federafkaitrad Administration, 45 ftintention to publish progress reports on agencies are required to promulgate Depart (Jentfte Trasur,1 5 R882 (anagency efforts to develop implementing their final procedures. Although CEQ's & a)procedures under the NEPA regulations. regulations required aencies to publish Environmental Protection Agency, 44 FRThe purpose of these progress reports, their procedures by July 30. 1979 a 04174 (Noi.. 0, In7).the eighth of which appears below, is to number of Federal agencies did not meet Export-lImport Bank,. 44 FR 508310 (Aug. 30,provide an update on where agencies this deadline. We stress, however, that 1979).stand in this process and to inform the CEQ regulations are in effect now Federal Emergency Management Agency, atinterested persons of when to expect the and are binding on all agencies o h h Federal M rimegCmistesfice. 5P339publication of proposed procedures for Federal Government now, whether or Fe(lMariim Comisson145 0 38their review and comment not the agencies are on time or lagard General Services Administration,4 OFIR 8ll~fOR FURTHER BIPORMATION CONTACT. with their own procedures. (JUan. Z.1980).Nicholas C. Yost, General Counsel, The Council published lbs first Public Buildings Service (seen4 FR 567507Council on Environmental Quality. 722 progress report an agency Nov. i4.1979).Jackson Place NW., Washington, D.C. inplementation procedures on May 7, International Communications Agency, 44Wi20006. 2in1)2scoi3epot n5u750,179 4548 (Aug. 2.1979].

Elgbth Progess Report- Agency l Ithir repodrtoSpemberJul 23.1979, Is Marine Mammal Commission. 44WP MWEighth irogre eport n Agenc Its tird reprt an Sptembe 26, 299. its (Sept. 11, 1979).ImplementIng Procedure. Under the fourth report on November 2Z109.9 ItS National Aeronautics and SpaceNational Environmental Policy Ant fifth report on December 14, 1979, its Administration. 44 FR 44485 (July 30,

At the direction of President Carter sixth report on January 29.1299 and its 1In9. [corrections: 44WFi 49650 (Aug.24,(Execuive Oder 1991),on Noember seventh progress report on March 25. 1979); 44 FR 1199o (Dec. 5, in7)).29E19e8uthve Counc19) onENovirombenta 1980. (44 Fit 278B1-26782; 44 FR 430cr- National Capitol Planning Commission 44WP

Quali8tyhssed regunclatons nirmplmenting 433;4 FR 55408-5510; 44 FR 63132- 6492 (Nov. 8.1979).theliprocsedua provisaions o thpe etn 613 44 FR 72622-72823: 45 FR 0838- National Science Foundation 4MP s (J~an. Z.National Envirornmental Policy Act SOW, 45 FR is2z4.) Thte-eghth progress Overseas Private Investment CorporatIon, 44("NEPA"). These regulations appear at report appears below. The Council FR 51355 (Aug. 31, 1979). [NEPAVolume 43 of the Federal Reffister, pages hopes that concerned members of the Procedures are contained in this agencys55978-50007 and in forthcoming public will review and comment upon procedures Implementing Executiverevisions to Volume 40 of the Code of agency procedures to Insure that the Order 12114 cited above.]Federal Regulations. sections 154D_508 reforms required by President Canter Postal Service, 44 F 63534 (Nov. i. 1979).Their purpose is to reduce paperworkc and by the Council's regulations are Small Business Adim latrion. 45ft 7355-and delay associated with the Imleented.Agencie reain (Febl. 1. IWO]l.envirnmentl revew prcess nd to imp'eening oeue r itdWater Resources Council. 44 FR 611922 (Dec.fsenvroenvioen ntal quality prcs unde oo'm mne ofefloin or, in7).foster envirnmental qualty through uder me of nCategory t2a Proposed Procedures Hove

b~lrdecision er NEP. caeois Been Published.Sectio 1I 3 Category *1: Fial Procedures Hove Been This category Includes agencies whome

regulations providstaechgny Pubishued proposed Procedures have appeared in the

Federal Register / Vol. 45, No. 124 / Wednesday, June 25, 1980 / Notices 42787

reedRagsise. Thorse agencies whose final Urban Mass Transportation are widely implemented in the day-to-procedures are expected within 30 days are Administration, 44 FR 5043 (Oct. 15. day activities of government.marked with a single asterisk ('): those I90).. NihlsC. Test.expected within 60 days by a double asterisk Federal Communications Commission. 44 FR GnrlCuslC".3 3803 (July, Ifl97)'ACTION, 44 FR8It010 (Oct. 1I.1IWO). Federal Trade Commission. n4 P 42712 (July June 3D.1080.Agency for InternatIonal Development 441 *,Rn IFI 1c. in10215 File e4-S W Iam

88378 (Oct. 1, in7). t International Boundary and Water 086214-Ars Inrol and Disarmament Agency. 45 Commission (U.S. Section), 44 FR 61655

FRi3932 (June I0.1960). 437(u., (Oct. 2S 19Th).' EATETO EES

1979).* [reissuance of part: 45 FR 16132 interstate Commerce Commission. 45n DEATENRFDEE(Mar. IL 1960). 1526 (Ma. 1I. l06).--Dprmn fteAm

Consumer Product Safety Commission. 44 FR National Credit Union Administration. 45 FR D~teto h ri8M(Oct 321, In). 12211 (Feb. 25. 1960). Intent To Prepare a Draft

De art t of Aicultuwe agencies Nuclear Regulatory Commission. 45 FR 13739 Environmentall Impact Statement onAgriculture Staiblization and Conservation WMa. 3, 1303. Proposed Federal Naviation

Service. 44 PR44167 (july 27,19Th) Pennsylvania Avenue Development Improvement of Fort Plerce Harbor.

k [corrctlol: 44 FR45631 (A. 3,197n)].' Corporation. 44 FR 45925 (Aug. 6. 1079). ptaLacience and Education A=mnetration. 45 TenSWee Valley Authority, 44I PR aasctUS9Am Crsoft9nei

FR 11147 (Feb.39.L 19610). A0 r S ryCrso nlresNotice of proposed categorical exclusion of Dull' A.1079).

certain Deparmn fAiutr gny Vetersas Administration, 44 FRt 4828 (Aug. DDtni4=5 g catUMa~ac 717)'ACTbKt Notice of intent to preparesa

Deparmnt of Defense agencies Category *3: Anticipate Publication of drft envrnetlipc ttmnDepartment of the Air Force, 4MFR 44118 Proposed weua* by July0 1W. INC. (DEIS).________

(july395, 1979). This category includes agencies thatam eusMAtr 1. The project consists ofDepartment of the Army, Corps of epce opbihpooe rcdrsi epnn h xsigFr ire

EngIneers, 44 FR 3822 (June 20, In7).' xetdt*uls rpsdpoeue i epnn h xsigFr ireDepartment of the Army, 48 FR 1068 (jan. 4. the Federal Register by July 30. 1080. Florida. Federal Navigation Project

1860). Bureaunof Indian Affairs depth of 25 fret and increasing the widthDepartment of Commerce agencies: Department of the Navy of the navigation channel and turning

National Oceanic and Atmospheric Fanners Home Administration basin. Disposal of dredged materialAdministration. 44 FR 80779 (Oct. 22. Federal Reserve System would be distributed among upland.1979).' Gooia uvybah n pnoensts

Economic Development Administration, 45 uvybah ri pnoenstsPR 4102 Jn 718) Category *4: Publication of Proposed 2. The following alternatives will be

Federal Energy mReglatorey Commission. 44 Ptocedurt* Delayed Beyond Julya * 10811 considered. -

FR 5M0= (Aug. V7.1879).' This category includes agencies that are a, Project depths of 32. 36, and 40 feet.Food and Drug Administration. 44 Fit71742 not expected to publish proposed procedures b. Three turning basin configurations.

(Dec. 11. 1979). in the Federal Register by July 30. 1960. c.-Four upland disposal sites.Department of Housing and Urban Appaiachian Regional Commission d. No action.

Development. nf4 8R7906 (Nov. 27, Bureau of Land Management 3. a. Public involvement to date has197).' rceAdiitaonIncluded a Public Meeting on 4 April

Community Development Block Grant CiommunitySrices Administatn 178 and an environmental workshop

Deparmentof te Intrioragenies:Farm Credit Adminristration meeting on 13 March 1980 in Fort PierceWate andPowe Reourcs~erlceSF1 Federal Deposit Insurance Corporation attended by Federal, State, and local

4702?(Aug. 14,1979)." Federal Ham Loan Dank Board agencies and conservationHeritage Conservation and Recreation Federal Savings and Loan Insurance organIzatiofli. A formulation stage

Service, 44F1 49523 (AUL 23. 1079).' Corporation public meeting is planned for late JulyFMs and Wildlife Service,. 4PR 5582 wMoTR - I900 in Fort Pierce. Comments onL

(Nov. 15,2I7l).' National Highway Traffic Safety alternatives and environmentalBureau pf Mines. 45 FR 1000 (Feb. 14. A msulconcerns have been solicited by letters

1960).~ ~ ~ ~ ~ ~ ~~Amnsraint eerl tt, n oa aece nOMfceo Surface Mining Reclamation an Saint Lawrence Seaway Corporation t eea ttadlclaece n

Control. 45 FR 1043 (Feb. 14, 1960). Securities and Exchtange Commission private organizationis. FurtherNational Park Servipe, 45 FR 32128 (May Th eeomn fparticipation is invited from any

960lo). 'edvlpetoagnyinterested parties.Depatent of labor. SF1 PR 87 OM DMm4. Implementing procedures is a critical b. Significant issues to be analyzed in

I979). stage in Federal efforts to reform the depth in the DEIS are prelIminarily asDepartment of justice, 44 FR 43751 (July 26, NEPA process. Theme procedures must, follows'

I079).~~~~~~~~ of course, be consistent with the 1. nImpact on channel and harborDrug Enforcement Agency. 44 FR 43784 Council's regulations and provide the enlarement on local marine resources.

(July 5.,1979)." means for reducing paperwork and - P. Scondary effects of portImmigration and Naturalization Service, 44 delay and producing better decisions in deepening: potential petroleum products

FR 43754 (July 28. 1979)."Bureau of Prisons, S Fit43753 (Juy 26 agency planning and decislounmaking. traffic, new industrial develdpment and

1079).~~~~~~~~ ~Interested persons will have the waste generation.Office of justice, Assistance. Research mid dpportunity to make their suggestions a. Impacts on manatees from

Statistics (formerly LEAA). oate ." for~mv~ agency procedures when Increased ship traffic.hedamijusister. n~ she inth .J*.L4 ffct

Department of State. 4 PRltm 11111 thyarNuusu.uvFeea 4Efct f2p1n.dsoslo1979).- ~~~~~Register in proposed form. Broad public dredged material on pround water

Department of Transportation agencies: participation at this crucial juncture quality.Federal Highway AdmInistration. 4a FR could go a long way toward ensuring c. Consultation with appropriate.-

am3 (Oct15. In)I.' that the goals of the NEPA regulations Federal and State agencies is required

-* ~~~~Federal Register /Vol. 45, No. 124 IWednesday, June 25, 1980 Notices 42785

Inraethe previously established COUNCIL ON ENVIRONMENTAL Category i-Federal agencies that hovelevels of restraints for Categories 359 OUALITY Pubhshed proposed or final proceduresand 812 totedesignated amounts.iml enngE .114Paul t. O'Day, Ffth Progress Report on Agency Dprmn fDfneChainnon. Committee for the Impl'ementation Procedures Implementing Executve FinalProedues isud April 12.1979 (44of Textile Agreements. Order 12114, "EnvIronmental Effects FR 21788).Committee for the implementation of Textile Abroad of Major Federal Actions" Export-Impoart Bank of the Unites States:Agreements (aur4,17)Final'* Procedures issued August 20, 1979CommIssioner of Customs, AGENCY: Council on Environmental (44 PR 30813).Department of the Treasury, Washington, Quality, Executive Office of the Overseas Private Investment Corporation:

ftC S22 President. Final!* Procedures issued August 31, 1979Dear Mr. Commissioner. This directive ~~~~~~~(44 FR 51385).

Deer M. Comissioer Ths dirctive ACTIOt. Information Only: Publication of National Oceanic and Atmosphericamends, but dome not cancel, the directive of FitPrgesRptonA ncAdnsrao:December 21. 1979 from the Chairman of the FfhProdrsIpleRepotg Execuive Arpsdmin vistration: DretvCommittee for the implementation of Textile PrcdrsmpeetnExuivPooedRiedNADrcieAgreements which directed you to prohibit. Order 12114, "Environmental Effects mllmnenting NEPA and E.O. 12114.for the twelve-month period beginning on Abroad of Major Federal Actions." October 2Z,1979 (44 FR 80789).Januaryl2. ilS and extending through Department of Commerce:December 31.19Mo entry into the United suuuant. On January 4. 1979, President Proposed Procedure. issued February 12,States for consumption of cotton and man- Car-t r Issued Executive Order 12114 ION (45 PR 9307).made fiber textile products in Categories 39 entitled "Environmental Effects Abroad Departmenit of Energy:

Unde the temos oftheArrageen of Major Federal Actions." Executive Proposed Guidelines issued September 6.Regarding international Trade in Textiles Odr114rq~e l eea 97(4F 24)done at Geneva on December 20. 1973, as agencies taking major Federal actions Department of State:extended on Decenlber 15, 1977; pursuant to outside the U.S. which are encompassed (1) Foreign Affairs Manuall Circular No.the Bilateral Cotton, Wool and Man-Made by and not exempted from the Order, to 807A. Procedures Implementing E.0.Fiber Textile Agreements on January 9, and haei fetpoeue mlmn~g12114,' (except nuclear actions)ni. Ion,. as amended, between the the Order within 6 months after January (rvme 1 994 R80)Governments of the United States and the Mjo UnFledePraloctions Replating toPolish People's Republic; and in accordace 1979 (i.e., by September 4,1979). The MaUnifiedea Pr toeurs Applaicabl to

withtheproisins o Excutve rdaner15 Order requires agencies to consult with Nuclear Activities Subject to Executiveoft Marhe pr1visioas amnedb ExecutiveOre125 the Council on Environmental Quality Order 12114," * November 13. 1979 (44 FROrder 11951 of January e, 1im you are and the Department of State before essooj.directed to prohibit, effective on June 19, 1960 putting their implementing procedures in Agency for International Development,and for the twelve-month period beginning on effect. The Council has previously Proposed Environmental Regulations,Januar 1, 19ow and extending through published certain explanatory October 1. 1979 (44 FR 36378).- emb~er 31. 19K0 entry into die United documents concerning implementation Department of Transportation:States for consumaption and withdrawal from ofEO121 4 R172Mac29CntieinNP redesDTwarehouse for consumption of cotton and of97.0. 1211 (44ebe FR 18722 Marhe 29Ontaied inNAQ proeduOtbre (DOT79(4man-made fiber textile products in Categories 199.O Setme26199herdr811Cisudcobr199(4Ng9 and s12. produced or manufactured in Council published its first progress FR 56420)' Paragraph 16.Poland in excess uof the following levels of report on agelicy procedures National Aeronautics and Spaceresraint*.. implementing the Executive Order (44 Admininstration:

FR on November s, in ~~ Contained in NEPA procedures, SectionCategory and Adjusted Twelve-Month Levels FR55410), 1nNvebr16199a.n321 issued July 30, 1979 (44 FR -of Restraint Isecond progress report (44 FR 64101). on 44490-44491).

ass-4l0M pounds January 29. 1980 a third progress report Department of Agriculture:eiz-zcmooocD square yards (45 FR 0838), and on March 25, 198 a Proposed amendments (containingThe action taken with respect to the fourth propoes report 145 FR 19293). T'he procedures implementing E.0.12114) to

Government of die Polish People's Republic purposeof this fif progress report is to departmental NEPA procedures.and with respect to imports of cotton and provide an update on where affected NOVember iS, 1979 (44 FROSmm).man-made fiber textile products from Poland agencies stand In this process. Enviromental Protection Agencqnhas been determined by the Committee for PO puursesu uwFORunio CONTACT. Proposed procedures implementing 3.0.the implementation of Textile Agreements to 1 Nvme29i7 44RO77)Involve foreign affairs fsinctlons of the United Nicholas C. Yost, General Counsel, i4Noe er.179(4F878)States. Council on Environmental QualIty, 722 Caeoy2 edalgncsshdud

Therefore, the directions to the Jackson Place. N.W., Washington. D.C. Cteopulspry o-eduera agences ceduledCommissioner of Customs, which are 2008 (202) 3954-750. to.21 pb is h epro eduresimplemetnnecessary for the implementation of such £.Z;Emtenftmactions, fall within the foreign affairs Fifth Progress Report on Agency Department of Treasury.exception to the rule-making provisions of 5 Procedures Impleanending ELO 1214 Proposed procedures implementing O.~U.S.C. 553. This letter will be published in theFedSUl Register The progress report lists Federal 12114mar awaiting final approvaL

Sincerely, ~~~~~~~agencies in two categories. In Categor (Publication anticipated by July I&125,931.SPau rlT.Oey, I r gnista aepbihd~ Department of the Interior.

Phaul Tn om t. . fo teyp Int arosed ornce final procedpurlses Draft procedures Implementing E3.0.1214Chahma, Comittee or th Impleentaton proosed r fina Procduresare under preparation. These procedures

of Taxtii.Agreements. Impemni Eeutv Odr m are expected to be published in the nearCategory f it gnie hthv tmr.Ribs. U-reiN Fled e-ae-t t".lprepared drf proceduresot orbiared Inptheo _dfo___fo

flis -m 314541 process of developing such procedures., Mg o ulse n rpsdfr oand contains an estimated time such public review sad comment. the pramble provides

'The levels ofrestraint have not been adjusted to procedures will be published in the an Opportmnity Wo pbiow csmmet -n finalreflect any Imports alter December sIL mms Federal Register. pessa

42786 Federal Reighter IVol. 45, No. 124 1 Wednesday, June z5. 1980 / Notices

* ~~~Dated: June 20. Iw1o. the Federal Government shall adopt This category includ.s agencies whe*Niciolas C. Yost. Procedures to supplement the . final procedures have appeared In theGeneral Counsel, regulations. The purpose of agnc Federal Regisiter. FIMOoc 1e-ah1s Filed s4-asc Snamj1 "implementing procedures," as they are Advisory Council on Historic Preservasum,45,mume coot cia4-iM called, is to tranulate the broad FR 4353 OJa. 22. 1980].standards of the Council's regulatin Central Inleligence Agency. 44 ft 4545 AInto .~~~~~~tin (Aug. 2. Ign]. APubliction f Eighh Proress Rport indo practical action In Federal planning Departmet of Agriculture. 44 PR "0 eonbliAgency f Eim ghmtin ProcedresRpr wind decisioninaking. Agency procedures so. in]. Aon AencyImplmentng Pocedres illprovide government personnel with Animal and Plant Health InspectionAGENCY: Council on Environmental additional, more specific direction for Service. 44FPR 5038 (Aug. 2A Ion) 1Quality, Executive Office of the implementing the procedural provisions Icorrection: 44 PR 812n2 (A. 3.1,lf,President. of NEPA. and will inform the public and Forest Service, 44 FR 44718 01 ws 3. IVMSoil Conseirvatioc Service. 44 Ft s8AL~onor Information Only: Publication of State and local officials of how the (eighth progress report on agency EArgltoswl eapidtimplementing procedures under the Individual Federal programs and OM (lan. ES1 . .9National Environmental Policy Act. activities. Departmenut of Commerm, at the FederaIn the course of developing Resister Office.-SUMMsARY: In response to President Implementing procedures, agencies are Depabtmnt of Defliense S4IR 451(Au"~Cartr's xectiveOrde 21119I an required to consult with the Council and Dp fIory 5P MMtlNovember 29. 1978., the Council on to publish proposed procedures in the Dearmen fbra Rmo-Environmental Quality issued Federal Register for public review and Department of Health and Human saervcregulations implementing the procedural comment. Proposed procedures must be (formerly HEW), notice of adoption ofprovisions of the National revised as necessary to respond to the final procedures, a5 PR 3013 (May?7,Environmental Policy Act ("NEPA"). (43 Ideas and suggestions made during the I )FR 55978-5800?: 40 CFR 1500-1508.) comment period. Thereafter, agencies Dpartmet of the Interior (revised), 451PRSection 1507.3 of the regulations are required to submit the proposed V7541 (April 23.1930).provides that each agency of h eea ia eso fterpoeue o 4 Department of Transportation. 44 PR 58420I the Fderal fnal verion of heir prceduresfor 30(Oct. 1, 197o).Government shall have adopted day review by the Council for Coast Guard, 4aPR 8281 (May 19. 1961).procedures to supplement the conformity with the Act and the NEPA Federal Aviation Admlnlstmatimn 4581Rregulations by July s0o. in. The Council regulations. After making such changes 224 (Jan. 10. 19110).has indicated to Federal agencies its as are indicated by the Council's review, Federal Rtairoad Administration. 45 FRintention to publish progress reports onl agencies are required to promulgate Dearmen (fune Tresuy1980R).8Omagency efforts to develop implementing their fins] procedures. Although CE' Dearmen fteTesr, 8F.22 Jnprocedures under the NEPA regulations, regulations required agencies to publish Environmental Protection Agency, 44 PRThe purpose of these progress reports, their procedures by July 30, 197 a 84174 (Nov. 6, 1979).the eighth of which appears below, is to number of Federal agencies did not meet Export-Import Bank. 44 Fit 50810 (Aug. 30,provide an update on where agencies this deadline. We stress, however, that 1979).

stInteetd persons p ofes whnd to expect the CEQ regulations are in effect now Federal Emnergencyj Management Agency, atinteestd prsos o whn t exectthe and are binding on all agencies of the th Federal Resister Office.publication of proposed procedures for Federal Government now, whether or Federal Maritime Commission, 45 FR 3309their review and commient. not the agencies are on time or laserd (may 21, 1low].'Pe)R FURTHER EUORU1111ATION CONTACT: with their own procedures. . General Services Adminfistration, 45SFR 83Nicholas C. Yost. General Counsel, Th CmmW published its first Public Buildings Service (see 4SIR 8W5876Council on Environmental Quality, 722 Progres report - agency Nov. 14.1Ion).Jackson Place NW., Washington. D.C implementation procedures on May 7. InternatIonal Communications Agency, 44 FR2000. 202-395-5750. I= It seon report an July 23.11979, 4548 (Aug. 2.10I9].Eighth Progps Repxt om Agency Its third report on September 2R 1979, its Marene Mamma Comm) son 23Implementing Procedures Under the fourth report on November . In Its (Setioa 11, 197c0). dSpeNational Environmental Policy Act fifth report on December 14. 197. It AdmionalsAroauticsond Space48 Ol 3)At the direction of President Carter sith report on January190, 1980 and its in9). [corrections: 44 PR 49550 (Aug. 24.(Executive Order 11991], on November seventh progress report on March 25, 29793: 44 PR 60920 (Dec. 5. 1979)).29,197, theCouncl on Evironmntal 980. (44 FR 28781-28782 44 FR 43037,- National Capitol Planning Commission, 44 1RQuality issued regulations Implemienting 4303844 FR 554084841t'44FR 63132- 04023 cinc FNov. d 8,51F.9379) 2the procedural provisions of the 63133; 44 FR 72622-72823; 45 PR eon8- NainlSiceFndto. 4 RG nNational Environmental Policy Act W4045 FR 10294.] The-eighth progress("NEP"]. Tea reulatins apear a repot appars blow, he CoIIOIIOverseas private Investment Corporation, 44VoluePA43 ofThee FederaltRenst, a peage hestat conctap ears edow mhembr Cofnthe FR 51355 (Aug. 31, Ign) [NEPAVolum 43 o the edera Regiter, ages opes hat cncernd memers o theProcedures are contained in this agency's55978-5e00? and in forthcoming 'pubolic will review and comment upon procedures implementing Executiverevisions td Volume 40 of the Code of agency procedures to insumre~that the Order 12114 cited above.)Federal Regulations. sections 184O-50B8 reforms required by President Carter Postal Service, 44IR 83524 (Nov. 5. In7).Their purpose is to reduce paperwork and by the Council's regulations are Small Busliness AdminIstration 4513R 738and delay associated with the implemented. Agencies preparing (Feb. 1.1IBM).environmental review process and to ampeetfg r drs* hlsed Water Resources Council, 4 F1 M0M2 (Decmfoster environmental quality thrunderConegofy the followlnPrfcurure10Ho).better decisions under NEPA. categories: BeetPuloished.xeedccdnsHvSection 1507.3 of the NElPA Category #1: Mai Aencduase Have Bee This category includes agencies whoseregulations provides that each agency of Publishect proposed procedure have appeared in the

FdrlRegister /Vol. 45, No.ll24 /WednesdayJune 25. 1980/1Notices L W 'V ~~~~~~~~~~~~311913 (July 3, 1079)' eealCusl

ACTION, 44 FR 60110 (Oct. 18.1979]. Federal Trade Commission. 44 FR 4V712 (July Jums 20, 1080.Agency for International Development. 44 FR n it Dcctwo.[P n-in IlSMm 5-S-f MS -J

58378 (Oct. 1, 1979).* International Boundary and Water tsum coes 51141-UArms Control and Disarmament Agency. 45 Commission (U.S. Section), 4WFi M8165

ft 38320 (Une 10. 1910). (C 1 99.Civil Aeronautics Board, 44Fit 45837 (Aug. 3. Ot3.i) DEPARTMENT OF DEFENSE

1879).' (roissuance of part: 45 FR i813 Interstate Commerce Commission. 45 FR(Mar.12. 19110). 1523 (Mar. 10, Igofl.--Dprimt fd r

Consumer Product Safety Comminsaion. 44 FR National Credit Union Administration. 45 FR D leto h m02535 (Oct 31. 1079). 1221 (Feb. X5.19mb). Intent To Prepare a DraftDepartment of Agriculture agencies Nuclear Regulatory Commission. 4t FR 1373 Envlmronmetshl Impact Statement on

Agriculture Stabilization and Conservation (Mar. 3.1l060). o ndFer NvatnSrrieton 44 FRt 5131 (An. 2,19In)). Pennsylvania Avenue Development Impr FedenofFral Paet co HsuSorervice. 44 FR 4407l =(July 27, n) I].--,*o otPireMnoSciec an dcto d~ tratIon. 45 Corporation. 44 FR 45925 (Aug. S. 1979). pb.1,FR 1114 (Eb.uc.tiWo). Tennsessee Valley Authority. 44 FR 30670 NCYser U.S. AmyII Corps of Engineers.

Notice of proposed categorical exclusion of aJwy 8. 197).'certain Department of Agriculture agency Veterans Adminiutratlion. 44WP 4628 (Aug. DDprograms. 45 FR 38092 (June 6, 1960). 17, Ing).' ALO~tO Notice of intent to prepare a

Department of Defense Agencies Category *3: Anticipate Publication of draft environmental impact statementDear etof the Air Force. 44 FR 44118 PrpsdPoeue yJl ~n sas iDEAar (DEIS). h rjc osssoDeprtmntof heArm, orp.o This category includes agencies that fr UMMARY' 1.IlprjccostsfDengrneers, of FRe 382y2 (June ofi) expected to publish proposed procedures in deepening the existing Fort Pierce.

Department of the Army, 45 FR 1086 (Jan. 4, the Federal Register by July 30. 1980. Florida. Federal Navigation Project1990). Dureau of Indian Affairs dphof 25 feet and increasing the width

Department of Commerce agencies: Department of the Navy nvgto hne n unnNational Oceanic and Atmospheric Farmers Home Administration ofl thDaigpoatincanl andrdg d mturningAdministration. 44 Fit WM (Octbain.Diposl f dedgd ateiaAdIn= tato.44F.079(ct2, Federal Reserve System would be distributed among upland.

Economic Development AdmInistration. 45 Geological Survey beach, and open ocean sites.PR 41028 (Uwe 17, 1900). Category *4: Publication of Aprposed 2. The following alternatives will be

Federal Energy Regulatory Commission. 44 Procedures Delayed Beyond July sa itax considered.FR WMIS (Aug. Vr. in7).' This category includes agencies that are a. Project depths of 32, 36. and 40 feet.Food -nd Drug Administration. 44 FR 71742 not expected to Publish Proposed procedures b. Three turning basin configurations.(Dec. 11. 1979). in the Federal Roegster by July 30, lmo. c.-Four upland disposal sites.Department of Housing and UrbanApaahaReinlCm siod.Naco.DeveOpmnt. 4F 6 0B(o. 7. D au of Land Management 8. a. Public involvement to date has

Community Development Block Grant Community ServicesAdistaonIcueaPblcMengn AplProgust 4aPR 4566 (Aug. Z inj9.' Defense Logistic Agency 1978 and An environmental workshopDepartment of the Interior agencies: Fwrm Credit Administration Ameeting on 13 March 198 in Fort PierceWater and Power Resources Service. 44 pR Federal Deposit Insurance Corporation attended by Federal, State, and local47627 (Aug. 14.10In)."' Federal Home loan Bank Board agencies and conservationHeritage Conservation and Recreation Federal Savings and Loan Insurance organizations. A formulation stageServIce, F441t 953(A~ 23.1979).' Corporation public meeting is planned for late JulyFish and Wildlife ServIce,4 t682a- 80i otPere omnso(Nov. 15, 1IWO).*' Rwx a o-I nFr ire omnsoBureau pf Mines. 45WP 10043 (Feb. 14 National Highway Traffic Safety alternatives and environmental1960). Administration concerns have been solicited by lettersOffice of Surface Mining Reclamation a'nd Saint Lawrence Seaway Corporation to Federal, State, and local agencies andControl, 45 FtR10043 (Feb. 14.1900). Securities and Exchange Commission private organizations. FurtherNational Park Servl0e, 45 FR 32120 (MaypatcaioIsnvedfmayIs.12960). The developmentpofiagencyinterestedfparties

Deartmnt of Labor, 44 ft eam Dec. 4. Iplementigpoeue saciia b igifcan isues to be analyzed in2svj.7tag In Feelefottoror th dept D2h Un are prelimninarily asDepartment of Justice, 44 PR 43M5 (July 21. NEPA process. These procedures must, follows.1979)." of course, be consistent with the 1. impact on channel and harbor

DragEnfocemet Agncy.44WF 48754 Council's regulations and provide the elargement on local marine resources.ImmgraionandNatralzatonservice, 44 means for reducing paperwork and t Secondary effects of -orFR 43754 (July a ins."delay and producing better decisions in deepening: potential petroleum productsBureau f Prisos, aft aul agency planning And declslonMAking. traffkc ne industral develdpment and

in)." ~~~~~~~~~Interested persons will have the waste generation.Ofict f utieAsistis(omryLL ,ance Rhesac ad opportunity to make their suggestions a. Impacts on manatees from

Stdataeistic frerly forAA).rat agency procedures when increased ship traffic.Department of State. 441 -R0~ (Nov. 21 tey are ptutshed inteFdrl4 fet fuplanddipslo

1979l.. ~~~~~Register in Proposed form. Broad public dredged material on ground waterDepartment ofrTransportation agencies: participation at this crucial juncture quality.

Fedra Highway Adininstration. P R could go a long way toward ensuring C. Consultation With appropriatesie(Oct 15. 159).' that the goals of the NEPA regulations Federal and StAte Agendaes Is required

EXECUTIVE OFFICE OF THE PRESIDENT F -COUNCIL ON ENVIRONMENTAL QUALITY

722 JACKSON PLACE. N. W.WASHINGTON. 0. C. 2006

60EQZ9*November 18, 1980

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

ATTN: Ilona Mays

Dear Ms. Mays:

I am enclosing the Ninth Progress Report on Agencyimplementing Procedures Under the National Environ-mental Policy Act and the Sixth Progress Report conAgency Procedures Implementing E.O. 12114 forpublication in the; Federal Register at the earliestpossible time.

Your cooperation in publication of the progressreports is greatly appreciated. If there are anyquestions, please contact me at 395-5750.

Sincerely,

inter AActing-Gener ~Counsel

Enclosures

* ~~AGENCY: Council on Environmental Quality, Executive Office of the

President

ACTION: Information Only: Publication of Ninth 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 Environment4l 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 ninth 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:

C. Foster Knight, Acting General Counsel, Council on Environmental Quality, 722

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

NINTH 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 C"NEPA"). These

regulations appear at Volume 43 of the Federal Register, pages 55978-56007 and

in Volume 40 of the Code of Fedqral 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 far 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 consent

2

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

of their procedures for 30 day review by the Council f or 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 recuired 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 late with their own procedures.

The Council published its first progress report on agency implementation pro-

cedures 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, its seventh report on

March 25, 1980, and its eighth report an June 25, 1980 (44 F.R. 26781-82; 44

F.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; 45 F.R. 42786). The ninth 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.

3

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

Agency for International Development, 45 F.R. 70239 (Oct. 23, 1980).

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

Consumer Product Safety Commission, 45 F.R. 69433 (Oct. 21, 1980).

Department of Agriculture, 44 P.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)].

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

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

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

Department of Commerce, 45 P.R. 47898 (July 17, 1980).

Economic Development Administration, 45 P.R. 63310 (Sept. 24, 1980).

National Oceanic and Atmospheric Administration. 45 P.R. 49312

(July 24, 1980).

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

Army Corps of Engineers, 45 F.R. 56790 (Aug. 25, 1980).

Department of the Army, 45 P.R. 69215 (Oct. 20, 1980).

Department of Energy, 45 P.R. 20694 (Mar. 28, 1980); Proposed amendments for

categorical exclusions for Puel Use Act, 45 P.R. 53199 (Aug. 11, 1980).

4

Department of the Interior (revised), 45 F.R. 27541 (April 23, 1980).

Fish and Wildlife Service, 45 F.R. 47941 (July 17, 1980).

Water and Power Resources Services, 45 F.R. 47944 (July 17, 1980).

Department of State, 45 F.R. 59553 (Sept. 10, 1980).

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

Coast Guard, 45 P.R. 32816 (May 19, 1980).

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

Federal Highway Administration, issued jointly with UMTA, 45 F.R. 71968

(Oct. 30, 1980).

Federal Railroad Administration, 45 P.R. 40854 (June 16, 1980).

Urban Mass Transportation Administration, issued jointly with FHWA, 45

F.R. 71968 (Oct. 30, 1980).

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

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

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

Federal Emergency Management Agency, 45 F.R. 41141 (June 18, 1980); proposed

amendments for categorical exclusions, 45 P.R. 67886 (Oct. 14, 1980).

Federal Maritime Commission, 45 P.R. 33996 (May 21, 1980).

Federal Railroad Administration, 45 P.R. 40854 (June 16, 1980).

5

* 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 Mmnnal Commission, 44 F.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 (Ncov. 8, 1979).

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

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

[NEPA Procedures are contained in this agency's procedures implementing

Executive Order 12114 cited above.]

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

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

Tennessee Valley Authority, 45 P.R. 54511 (Aug. 15, 1980).

Veteran's Administration, 45 F.R. 62800 (Sept. 22, 1980).

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

6

Category #2: Proposed Procedures Have Been Published

This category includes agencies whose proposed procedures have appeared in the

Federal Resisterl. 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).

Arms Control and Disarmament Agency, 45 P.R. 69510 (Oct. 21, 1980).

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

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

Department of Agriculture agencies

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

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

published as final witbout CEQ approval, 45 P.R. 32312 (May 16, 1980).

Food Safety and Quality Service, 45 P.R. 60460 (Sept. 12, 1980).

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)*

Farm Credit Administration, 45 P.R. 55213 (Aug. 19, 1980).

7

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

Department of Health and Human Services (formerly HEW), 45 P.R. 14651

(Mar. 6, 1980)*.

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

Department of Housing and Urban Development (agency wide procedures), 44 F.R.

67906 (Nov. 27, 1979).

Title I Programs under Housing and Community Development Act, see Appendix

Department of the Interior agencies

Bureau of Indian Affairs, 45 P.R. 49368 (July 24, 1980).**

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

(Aug. 23, 1979).*

Lowell Historic Preservation Commission, 45 P.R. 57556 (Aug. 28, 1980).*

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

Office of Surface Mining Reclamation and Control, 45 P.R. 10043 (Feb. 14,

1980) .**

National Park Service, 45 P.R. 32126 (May 15, 1980).*

Department of Labor, 44 F.R. 69675 (Dec. 4, 1979); published as final without

CEQ approval, 45 F.R. 51184 (Aug'. 1, 1980).

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

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

8

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

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

Office of Justice, Assistance, Research and Statistics (formerly LEAA),

45 P.R. 45311 (July 3, 1980).*

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 F.R. 61665

(Oct. 26, 1979).*

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

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

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

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

Saint Lawrence Seaway Development Corp., 45 F.R. 46601 (July 10, 1980).

Category #3: Anticipate Publication of Proppsed Procedures by Dec. 31. 1980

This category includes agencies that are expected to publish proposed procedures

in the Federal Register by Dec. 31, 1980.

9

Bureau of Land Management.

Defense Logistics Agency.

Department of the Navy.

Farmers Home Administration.

Federal Reserve System.

Geological Survey.

Category #4: Publication of Proposed Procedures Delayed Beyond Dec. 31. 1980

This category includes agencies that are not expected to publish proposed

procedures in the Federal Register by Dec. 31, 1980.

Appalachian Regional Commission.

Community Services Administration.

Federal Deposit Insurance Corporation.

Federal Home Loan Bank Board.

Federal Savings and Loan Insurance Corporation.

10

MEfTRO.

National Highway Traffic Safety 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 rublished 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.

Prior to promulgation of final procedures, agencies are required to submit the

proposed final version of their procedures to the Council for review. When

the Council finds that an agency's procedures conform with NEPA and the NEPA

regulations, the Council sends a letter of approval tc the agency after which

the agency may adopt and publish its procedures in final form.

The following is an example of the approval letter:

t"Honorable R. Max Peterson

'PRINTER: Chief, Forest ServiceDepartment of Agriculture

PLEASE Washington, D.C. 20250

SET t"Dear Mr. Peterson:

THIS "Section 1507.3 of the 'Regulations for Implementing The ProceduralProvisions of the National Environmental Policy Act', 40 C.F.R. 1500,

LETTER et seq. provides that each agency shall as necessary adopt proceduresto supplement the regulations. Section 1507.3 also provides that

IN final agency procedures shall be adopted only after review by theCouncil on Environmental Quality.

SMALLER"On June 12, 1979 your predecessor, Mr. John Mecuire, transmitted for

TYPE Council review final procedures developed by the Forest Service underSection 1507.3 of the NEPA r~egulations. These procedures were published

AND in the Federal Register for public review and comment on April 29, 1979.The comment period on the procedures concluded May 31, 1979. The preamble

INDENT to the procedures contains a point-by-point response to the major commentsreceived on the procedures.

"The Council has completed its review of the procedures developed by theForest Service. Based on that review, the Council has determined that theprocedures address all of the sections of the regulations required to beaddressed by Section 1507.3(b) of the regulations. The procedures willtake effect and supplement the NEPA regulations once they are published Infinal form in the Federal Register.

Yours truly,

NICHOLAS C. YOSTGeneral Counsel"

Approved Disappr~oved

Advisory Council on Historic Department of Housing and Urban

Preservation Development; proposed procedures

Agency for International Development implementing NEPA for the Urban

Central Intelligence Agency Development Action Grant (UDAG)

Consumer Product Safety Commission Program under Title I programs

Department of Agriculture under Housing and Community

Animal & Plant Health Inspection Development Act

Service

12

Forest Service

Soil Conservation Service

Rural Electrification Adminis-

tration

Department of Commerce

Economic Development Adminis-

tration

National Oceanic & Atmospheric

Administration

Department of Defense

Army Corps of Engineers

Department of the Army

Department of Energy

Department of the Interior

Fish and Wildlife Service

Water and Power Resources

Service

Department of State

Department of Transportation

Coast Guard

Federal Aviation Administration

Federal Highway Administration&

Urban Mass Transit Administra-

tion

Federal Railroad Administration

Department of the Treasury

Environmental Protection Agency

Export-Import Bank

13

Federal Emergency Management Agency

Federal Maritime Commission

Federal Railroad Administration

General Services Administration

Public Buildings Service

International Communications Agency

Marine Mammal Commission

National Aeronautics & Space Adminis-

tration

National Capitol Planning Commission

National Science Foundation

Overseas Private Investment Corpor-

ation

Postal Service

Small Business Administration

Tennessee Valley Authority

Veteran' s Administration

Water Resources Council

C. Foster Knight

Acting General Counsel

DATE: November 18, 1930

14

COUmCIL CNi ENVIRONMENTAL QUALITY

Sixth 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 Sixth Progress Report on Agency

Procedures Implementing Executivti-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 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), on November 6, 1979 a second progress report (44 F.R. 64101), on January 29,

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

report (45 P.R. 19293), and on June 25, 1980 a fifth progress report. The

purpose of this sixth progress report is to provide an update on where effected.

agencies stand in this process.

FOR FURTHER INFORMATION CONTACT: C. Foster Knight, Acting General Counsel,

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

20006; (202) 395-5750.

SIXTH PROGRESS REPORT ON AGENCY PROCEDURES IMPLEMENTING E .0. 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. CategoryaR 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.

Agency for International Development Final Procedures issued Oct. 23, 1980

(44 P.R. 70239).

Arms Control and Disarmament Agency Proposed procedures contained in NEPA

Procedures issued Oct. 21, 1980 (45 F.R.

69510).

Department of Agriculture Final Procedures issued June 19, 1980

(44 F.R. 41583).

Department. of Commerce Proposed Procedures issued Feb. 12, 1980.

(45 P.R. 9307).

2

National Oceanic and Atmospheric Final Procedures contained in NEPA

Administration procedures paragraphs 10 and 12, issued

July 24, 1980 (45 P.R. 49312).

Department of Defense Final Procedures issued April 12, 1979

(44 r.R. 21786).

Army Corps of Engineers Final Procedures contained in NEPA

procedures, paragraphs 25(b)(3), isiued

Aug. 25, 1980 (45 P.R. 56760).

Department of the Army Final ProcedureF contained in Subpart H

32 C.F.R. 651.34 et seq. issued Oct. 20,

1980 (45 P.R. 69215)

Department of Energy Proposed Guidelines issued Sept. 6,

1979 (44 P.R. 52146).

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

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

(except nuclear actions) Nov. 21, 1979

(44 P.R. 67004).

(2) "Unified Procedures Applicable To

Major Federal Actions Relating To Nuclear

Activities Subject To Executive Order

12114," Nov. 13, 1979 (44 P.R. 65560).

Department of Transportation Contained in NEPA procedures (DOT Order

5610.10) issued Oct. 1, 1979 (44 P.R.

56420), Paragraph 16.

3

Department of the Treasury Final Procedures issued July 15, 1980

(45 P.R. 47625).

Environmental Protection Agency Proposed Procedures implementing E.O.

12114, Nov. 29, 1979 (44 Fed. Reg.

68776).

Export-import Bank of the United Final Procedures issued Aug. 20, 1979

States (44 F.R. 50813).

Federal Maritime Commission Final Procedures contained in NEPA

procedures issued May 21, 1980 (45

F.R. 33996).

National Aeronautics and Space Contained in NEPA procedures, Section

Administration 1216.321 issued July 30, 1979 (44 P.R.

44490-44491).

Category 2--Federal agencies scheduled to publish procedures implementing

E.0. 12114.

Department of the Interior Draft procedures implementing E.0. 12114

are under preparation. These procedures

are expected to be published by Dec. 31,

1980.

C. Foster Knight

Acting General Counsel

DATE: November 18, 1980

4

77203 Federal Register IVol. 45. No. 227 IFriday. flovember 21, iBSO / Notices

implementIng the Executive Order (44FR D5aio), on Niovember e, in7 asecond progres report (44 FR sum). -nJanuary 29. 7980 a third progress report

I(45 FR 6638), On March A25.96Da fourthproprels report (45 FR 1096). and -nJune 25,1960 a fthprogres, report Tiepurpose of this sixth progress report IsC E Q 2 5 ~ ~~~~~~~~~~~to provide an update on whers affectedc r= Q e s s ~ ~~~~~~~~~~~agencies stand in this process.

C. Fastsr Knight. Acting GeneralCounsel. Council on BervironmientalQuality. 722 Jackson Place, NtW.WashingtonD.C. R~t(202) 39s-na

_____________ ~~~~~~~~~Sixth Program Rapest - Agencyprocedures Implemeantdg .O. 12114 .

*The progress report listsfiederalagenciesIn twoatategorles.In Catejory

*I are agendaes that have PubishbedIproposed or final prooedurpsimplementing Executive Order 12114.Category 2 lists agencies that haveprepared draft procedures or are in theprocess of developing such procedures.and contains an estimated time such

I __________________________ procedures will be published in theFederal Register.

COUNCIL ON ENVIRONMENTAL categwy 1-Flederal oadene that haveWULIY published proposed orfiol procedures

Sixth Progress Report On Agency imlmntt o £0 fliProcedures Implementing Executive Agency for International Development:Order 12114. "EnvIronmental Effects Final Procedures Issued Oct. 23,1960Abroad of Major Pederal Action" (4MPR 70239).(January 4, 1979) Arms Control and Disarmament Agency.

AS~t Concil o Envlrnment~Proposed procedures contained InA8W1C. Concil n EniromnntarNEPA Procedures issued Oct. Ii. 1960QultExecutive Office of the (45 aR us5o0president. Department of Agriculture: FinalAm=CI Information onir. Publication of Procedures Issued June 19. 198 (44PASixth Progress Report on Agency 413M).

iProcedures Implementing Executive Department of Commerom. ProposedOrder 12114, "Environmental Effects Procedures Issued Feb. 12. 1980. (45Abroad of Major Federal Actions." FRtO7 Aenl) n AmspulSUUUAmfl On January 4. 107 President' NAdtion ralOceni Final ProcpedresCarter Issued Executive Order 1211 Adiitain Fi nalPA ceurentitled "Environmental Effects Abroad cotane i nd NEPA IssuedJulye24of Major Federal Actions." Executive par45agah 4910ad2). bne ul

*Order12114 requires all federal agendaes Department of Defense: Final -taking major federal actions outside the Procdures issued April 12,1 in (44U.S. which are encompassed by and not FR 21786).

exmtdfo thes Order, to have In PAry Corps of Engineers; Finale~ffectPw prcdrs Implementing the Procedures tontained in NEPA

Ordr wthi amonths after Janu ry 4. prcdrs pargph 25bxn3199(aby Setme .99.TeIssued Aug. 2514 IM(45 R 570M).

Ordr rquies geniesto onslt ith Department of theAmyFiatheCoucilonEnvronenal ualty Procedures containd i Sbpart HSZ2

and the Department ofSat beoeCR su13 of seq. issued Oct. 20.1960puttng teir mplmentng pocedresin (45 FR 80215).effet Th Coucil as pevioslyDepartment of Enerinr Proposed

publishd certin explnatoryGuidelies Issed Sept. 6,12979)(44 PRdocuments concernng Implementatioof EO. 2114(MF 182t Mrch29. Departmentalf Stats: (1) Foreignairs1079). On September is. in theManual Circular No. 8OA. PicedueCounil pblihed ts frstprogessImplementing R.O. 1214. (exceptreport onagency pocedureqnuclear actions) Nov. n, in7 (44 aR

Federal Register /Vol. 45. No. 227 / Friday. November 21. 1080 / Notices 77107

6700). (2) "Unified Procedures Intention to publish progress reports on their final procedures. Although CEQasApplicable To Major Federal Actions agency efforts to develop Implementing regulations required agnces to publishRelating To Nuclear Activities Subject procedures under the NEPA regulations. their procedures by Juy30.lIWO aTo Executive Order 12114." Nov. 13. The purpse of these progress reports, number of Federal agencies did not meet1979 (4S FR 65560). the nuint of which appears below. Is to this deadlina. We stress, however, that

Department of Transportation: provide an update on whenrde ami the CEO regulations are In effect nowContained in NEPA procedures (DOT stand in this process and to -nor and are binding -n all agencie of theOrder SeitiC) issued Octl. 11979 (44 interested persons of when to expect the Federal government now, whether or notFR 56424. Paragraph 161. publication of proposed procedures for the agencies are -n time orlate with

Deprmn fth raurFinal their revlqw and comment. thefr -w procedures.rocdure Isued uly15, 1980(45 FR PM r'rgp wcOUnnow coAMa The Council published Its fRst

C. Foster Knight, Acting General Progress report on agency hnplemnentiallEnviromentalProtetion Aency: Cousl, Ceucil on Environmental p onduwe an My717.its siecreortd

Proposed Poeueimlenng Quality. m2 Jackson Place. proceduores on Maly ?. 199 its shr ecotondLO. 12114, o. 29.1979( FRWashington. D.C. Moot 202-3955750. September 26.1979. its fourth report onWm). November &21979.l fifthM report on

Export-import Dank of thelinited States: Ninth Progress Report -n Agency December124. 1979 its sixth report onFinalProceuresIssue Aug.20.179 Imlanenlng rocedres Udert January 29. 1060. its seventh report on

(44FR 58013). NaMnlEvmmna oiyA arch~ 28. 1UK0 and Its eight report on*Federal Maritime Commissiont Final At the direction of President Carter June 25.1060 (44 PR 2878-ft 4MP

Procedures contained in NEPA .(Executive Order 1109), on November 43037-4% 44PR 554084541t MWFprocedures issued May 21.,1980 (45 FR. 29 1978 the Council on EnvIronmental 63132-M33St44 FR 72622-4282545 FR33M9). -Quality Issued regulations implementing 6838-88404 45 FR 1029t; 48 FR 42788).

National Aeronautics and Spaew the procedural provisions of thne The ninth progress report a pearsAdministration: Contained in NEPA National Environmental Policy Act' below. The Cpuncil hopes'aprocedures. Section 121.32 Issued ("NEPA'). These regulations appear at concerned members-of the public willJuly 30.1979 (44 FR 4,4490-44491). Volue 43 of the Federal Register. ae review and comment upon agency

Category 2-Federal agercies scheduled 55978-5600 and in volume 40 of the procedures to Insure that the reforms* topuhlfsh procedures b~plmentin Coda of Federal Regulations, parts 1500- required by President Carter and by the

£O. 12114 180O& Their purpqse is to reduce Councfl's regulatin are Implemented.Deprmetof the Interior. Draft paperwork and delay associated with Agencies preparing implementing

proceures mpleentln En. 2114 the environmental review process and to procedures are listed under one of tinaeudrprepartion. 'ii.,e foster environmental quality throughoucaeren

procedures are expected to be better decisions under NEPA. Categary CI:- MfaulProceduires Havepublished by Dec. 3i,i9mo. Section 1507.3 of the NPA -een P'ublibe

Datect: Novmber a 196Mregulations provides that each agency of Ti aeoyicue gneDste& Novembr a 1080. . the Federal government shall adoptThsctgrIcldsaeceC. Fote KD$KI procedures to supplement the whose final procedures have appearedAc~trtgGesnealCbmnset regulations. The purpose of agency in the Federal Register.-

* FRM40Ne F-ia m'n-u mai _, Implementing procedures," as they are Advisory Coundl on Historic* LLW -M SIU504I called, is to translate the broad Preservation. 45 FR 4353 (Jan. 22,

standards of the Council's regulations 91960).I Ir~~.6Ifl ~~~~~ Into practical action in Federal planning Agency for International Development.

NinthPr~ras Rporton Almay and decislonmaking. Agency proedrePSR 70230 (Oct. 23.1960).Implementing Procedures UNder the wilpovide goenet peronl ih Central Intelililgence Agency. 44 FR

NatinalEuwroeuenal oliy Act Xvadtoa.mr peii ieto b 45431 (Aug. 2B297).-A01WrY Council on Environmental - Implementing the procedural provisions Consumer Product Safety Commission,Quality, Executive Office of the of NEPA. and will Inform the public and. 45 FR 69033 (Oct. 21. 1Im).President State and local officials of how the Department of Agriculture.44 PR 44802AoTm Informetlon Only: Publication of NEPA regulation, will be applied to - (July 30. 1979).Ninth Progress Report on Agency individual Federal programs and Animal -and Plant Health InspectionImplementing Procedures Under the - activities. Service, 44 FR 80381 (Aug. 21. 1979)National Environmental Policy Act. Ini the course of developing [correctiorn 44 5127I2 (Aug. 31.

Implementing: procedures, agencies am1979)].s umuamt. In response to President required to consult with the Council and Foreqt Service. 4FR 44718 (uly 30.Carter's Executive Order 11991. on to publish proposed procedures In the 1979).November 29.1978. the Council on Federal Register for-public revleviand Soil Conservation Service. 44 R 80787Environmental Quality. Issued comment. Proposed procedures must be -(Aug. 29.1979).-regulations implementing the procedural revised as necessary to respond to the Rural Electrification Adminstration, 45provisions of the National - Ideas and suggestlens made during the FR SW0 (Jan. 23,1980). -Environmental Policy Act ('tWEA"). 43 -commnent period. Thereafter, agencies Department of Commerce. 4DMP 47898FR 58978-5860; 40 CFR 1500-08). - -are required to submit the proposed (July 17.1900).Section 1807.3 of the regulations final version of their procedures for 30 EconomIc Development

* ~~~provides that each agency of thxe Federal day review by the Council for Administration, 45 FR 68310 (SeptGovernment shall have adopted conformity with the Act and the NEPA 24.1D80).procedures to supplement the regulations. After making such changes National Oceanic and Atmosphericregolatione~y July 30, 1979. The Council, as are indicated by the Council's review. Administration 45 FR 49312 (July

hasindca toFe4eral agencies its agencies are required to promulgate 24,19800.

Federal Register IVol. 45. No. MT Friday, November 21. I960 / Notices

Department of Defense. "41R 48641 . ro edues laplementini Executive Service. 44 PR 4362 (Aul U3.

(Au4 0.139) O Mi114 cIted above.J - in. IArmy Corps of Engineers. a5 FR 5679 Postal Service. 44 FR 6352 (Nov. 5. Lowell Historic Presevation

(Aug. 25.180). 1979).e , Ccummisinln S5IR 57556 (Aug. 7*.

-Departnmet of the Aimy, an eRmis Sma.n Business Administ'ation. a5 IRwo19 .(Oct. 21. 1380) .35- (Feb. 1. 53. Bureau of Wancs. 451 PRomm (Feb.14.

Department of Enrugy. 45 FRi2oe (Mar. Tennessee Valley Authority, 45 FR 54511 1960).aB Sbt proposed amendments for (Aug 1.06) Offic Of Surface mining Reclamationcategorical exclusIons for Fuel Urn Veteran's Administration. 4SFPR 62800 and Control, 45 FR 10043 (Feb. 14.Act. SF5 P3199 (An&g1. WWaALs2o 90) I

Deprtumet of the Interior (revised). 45 Wae lresS Council. 441 89021 National Park Service. 451PR82126FR DM1 (April23. iwoj. (Dec IL1979. - (May AIM98).'

Fish and Wildlife ServIce. 481PR47941 caftaory a& Pkopmsed Pkwosa*ur Have z:

gater an P1w). Bean FblServices CkQ approval. 458PR 51284 (Aug. 2.Wat5 and79 (July Resources . Iwo category includes agencies n"W).

4511473440*17.1980). ~whom proposed procedures have -Deartmet of Justice. 44 FR 48751 (ualyDepartment of Stats, 451 59853 (Sept apeae inteFdrlRo . Those 2a 1979).'

1it *6). agencies whos BWp"-i uesa Drug Enforcement Agency. 441PR

Departent ofTranspdatlca 4411 expected within 30 days are marlked 437540 aJl ZI W).'5542 (Oct. 1.19I=). withoaa e asterisk ('I, those Uwllred bimmigration and Naturalization

Coast Guard, 45 FR 32816 (May 19. ri-- is). A~~~~~~~flObN. yby adouble asterisk r'. Service. anFIn4i7(July1a Mi.'

Feea AvaIowAonh)rtoN AmsON F R 60110 (Oct I& 1w¶~ Bureau of Prison. 44 FR 43753 (ulFe 2244 AvatoAdhgrio.4 Ar 180).Cmtr6l an Majiament agny 1 Inj.'

FR 2244 (Jan. JA IM).451 69810o (Oct., 291. i ). office of Justice. Assistance. ResearchFederal Highway AdmInIstration, Civil Aeronautics Board. " -R453 and Statistics (formerly LZAA). 45

issued jointly with UhfTA.45FRt (Aug. & 1979) PRme 1an uly 3,21eol.'7 n9se (Oct. 30 91) [Relssuance of part: 45 FR 16132 (Mar. Federal Communications Commission.

Federal Railroad Administration. 415 1z 290) 44 FR 38918 (July 8.,1970).P R 40854 (June 1ii 1960). Department of Agriculture agencies FeeltrdCo iso.441272 -

Urban Mass Transportationi AgBiulture Staibllzatdon and (July 20.19in).AdmInIstration. Issued jointly with conservatiqwi Service. 44R 44167 noiloudradWte

FHWA. 41171966(Oct 801960). (July V. 1079) (correction: 4411R Commission (U.S. Section). 44 FRDepartment of the Treasury, 45 FR 1828 45631 (Aug. S. 1979)3;=pocdures s10es (Oct, 2a1979).'

(Jan. 8. 1980). published as final without CEQ bnturtte Couijmerce Commission, 45 PEnvironmental.Protection Agency, 44PR approval. 45 FR 32312 (May iS. u1238 (Ma. IA. 1980).

64174 (Ni .1 ) i9s). National Credit Union Administration.Export-import Dan 441R 5060 (Aug. -Food Safety and Quality Service. 45 a5 FR 1221 (Feb. 2s. 1iwo).

3 0.1973). -FR 60400 (Sept 12, 190) Nuclear Regulatory Commission. 4511RFederal Emergency Management Science and Education 1373 (Mt LIMOW).

Agency. 45 FR 41141 (June I&180.1m AdministratIon. 451KR 11147 (Feb. Pennsylvania Avenue Developmentproposed amendments for 20 9Wo). ICroain FR41 (u..categorical exclusions, 45 16788 Notice of proposed categorical - oroaion F1402 Au.6(Oct. it 1960). exclusion of certain Department of San AI0 ewyDvlomt

Federal Maritime Commissioli. 45 PR Agiutr agnc pr as,. 45F Sain Lwrnc Seawa8MJuy Development3sse (May ai- i980). -28092 (June 6. Iwo0).Co,451861(uyI )

Federal Rgilroad Adminllstrationl. 45F1 Department of Defense agencies Category &It Anficipate Publication of40654 aune 15. 1980). Departmtent of the Air Force. 441 P PRoposed Procedhina by Dec. 311, 1 -

Genra SevcJan.nstalo.4 F1964). Far Credit Admlttio7 5 R This cat~egory includes agencies that.8 gn.2 V ).FrmCrdi dmnitatah FRR 5 3 areem ce to publish proposed

Public Buildings ServicaIe(e 44 Fi (Aug.129. 1960). pr ade in the Fedeald Register by65675. Nov. 14, 1979). Federal Enewjy Regulatory Commission. De.. 90

International Communicationls Agency. SF18R 0052 (Aug. V, inj9. Duea. of1.19 Mange0nt"4 FR 45489 (Aug. 2. 1979)1. Department of Health and Human Dueauns Lof tind MAngemnty

Marine Mammal Commission. 44 FR Services (formely HEpVyj 45F Defense Lofstics Nageny.'52837 (Sep t. 111979). 14681 (Ma. 8. 1wor. Deartment Homte Ndicavy.io

National Aeronautics and Space Food and D.-y Administratlon 44P FarmerlRs Home Adinstraton

AdminIstration. S FR 444850 71y 742 (De. 1i. in). Federgial RServeSystm30. 1979) (conrectiont: 4 FR 49680 Department of Housing and Urban Suvy(Aug. 24 1979);44 1R6 902 (Dec 5. Dsvplopment (agecy wide Coreqozy *4: Publication of Proposed11079fl. procedures). 44R67906 (Nov. V7, Prccedurea Delayed Beyond Dec. 31.

Nationsl Capitol planning Commission. 21"7). law44 FR 84923 (Nov. S. Iwo) Title I Programs underfHousing and Ti aeoyicue gnista

National Science Foundation. 45 FR 39 ComumunIty Development Act. see Thisno epcategor Includsh agenciesdha(Jan. 2.1080) I Appendix L. are otexprec nthedtolpub gishtpropose

Overseas Private Investment Department of the interior agencies procedre InthFdealReiserbCorporSUioI. 4411R 51385 (Aug. 31. Bureau of Indian Affaire. 45 FR 4938 DIc 81.9I1979). [HE Pracedurss are -(Jly 24, lowe)." Appalachian Regional Commission.

contained in this agency's Heritage Conservation and Recreation Community Services Admlnistration.

Federal Register IV~ol. 45. No. 22? / Friday, November bi1, 19Wo Notices moo

Federal Deposit Insurance Cprporatlon. and supplement the NEPA regulations onc

Federal Savings and Loan Insurance Regiter.

Corporation. Yaws~ truly.MfETRO. Nicholas C. Yost.National Highway Traffic Safety . Cenercl CounseL

AdmInistratIon.SecurItIes and Exchange Commission. A$ppvd

The development of agency - I Advisory Council -n Historic preservationimplementhing procedures is a critical Agency for intumratloasl Developmentstage in Federal efforts to reform the Central IntellIgence AgencyPUPA process. These procedures must, Consunmer Product Safety Commissionof course, be consistent with the Department of Agriculture

- ~~~Council's regulations and provide the Animal & Plant Health Inspection Service

means for reducing paperwork and F oredst ervicedelay and producing better decisions hin Son Conservationt Saervc

agencyplannng an deciionzaking. Rural Electrification Adminsltretion

Interested persons will have the Deato iicvment ofCm a diilralopportunity to make their suwestions Natiblmlcaic &eeomn Atmonsphraic n

f Improving aecy procedures whed Naioa A~*IOcenc&Amopeitheyareuub tothe Federal Deprmen tratio Dees

Reitr in proposed fora Broad public Deatmn of -ee

participation at this crucial Denturartfment of th Amcould go a tong way toward ensuring Department of Rivorgythat the goals of the NEPA tegulatlons Deatn Of* ntroare widely implemented in the day-to. Fish and Wildlife Serviceday activities of government Water and Power Resources Service

Prior to promulgation of final Department of state-procedures. agencies are required to Department of 7tansportationsubmit the proposed fintal version of Coast Guardtheir procedures to the Council for Federal Aviation AdmInIstrationreview. When the Council finds that an Federal Highway Administration & Urbanagency's procedures ounforn with Mass Transit AdminIstratIonPEPA and the NEPA regulations. the Federal Railroad AdmlnistiatloOCouncimml sns aletteriofapproval to the Depairtmentof the Treasury

after Which the agency may Ravironmental Protection Agency= adpublish its procedures in final RxotIpr Bank

farnil Federal Emergency Management AgencyTie following Is an example of the Federal Maritime Commission

approval letter. ~~~Federal Railroad Administrationapproval letten ~~~~General Services Administration

Honoabtle 3. Max Peterson. - Public Buildings Service -0ichiss Inrot srn~c.I~ atonal Communications AgencyDepartment of Agriculture. Washington. D.C. Marine Mammal Commission

Dear Mr. Peterso Sactlcn !IBOJ of the National Aeronautics a ApaceRegulations for luplementatin The AdministrationProcedural Provisions of the National National Capitol Planning Commissionbavironmental policy Act, 40 CPR 1500, at Natioial Science Founidation*seq provides that each agency sall as Ovar... Private invetment Cosporation-necessary adopt procedures to supplement Post Sen'ice,the reguations. Section 1507.5 als provides Sml iii; Administrationlthat final agency procedures shall be adopted Tense Vale AufiBoritonly after review by the Council an Veteran's AdministrationEnvironmental Quality. r WaeRsocsCuni

On June 12.11079 yow predecessor,M. WaeRsorsCuni

EWprocedures developed by the ForestServiceude cto257ofteNP DeatetoHosnan bnregulations. Thesei procedures were published Devetopet eroit d rceuein the Federal Regiter for public review and Implementing NWPA fordiUracomment on A43r11 20, 1In. The comment Development Action Grant (UWAG)

-- period on the procedures concluded May 51. Prolpramo under Title I programs under1I7O. The preamble to the Procedures .Housing and Communnity Developmentcontains a point-b-pint respause to the Act.major comments received on th5 P*di* Dated: November18., lfl

The Council hoas completed its review of C.FasternigISi- ~~~the procedurpa developed by the Forest

hSdeermine aed th at throedures. addessuni Acting seerasss Cu-s-a um

aS tervicaBaed onthatreiw the p C oduncilddes PR DM~ GeN4160 NWoUnseLIMAall ofth asection of the reultoLUMre -m sin-uto be addressed by aD i5WA 6rzegulations. The Incedures will take effect

EOMIJ' U MUKIC. MAN o~ TY. STAFFOR.0V.MIAVC. ALA LSKA NOWARONA. SAER. JR.. TENM. I

U~.OYO B fSt.. rt.. JAIIIS A. MCUC IOA"

OJENTI N. RNOCK, t PAW 'ETCV. OOA4ENICI. A. MX e ae ( /JOHN H ~E.#OA JM. CRAPES. R..9.ifbSiae

WNt.R.~r ANOET SN. II INOANIEL rARC OMIiN COMMInTEE ON ENVIRONMENT AND PUBLIC WORKS L

AIMLer GUN.MNRT TAyF OIAWOTO WASHINGTON. D.C. 20510 /

February 2, 1978

CR9Mr. Stuart BizenstatAssistant to the Presidentfor Domestic Affairs and PolicyThe White HouseW~ashington, D.C. ------

Dear Stu:I

On October 11, 1972, I wrote to Russell E. Train, Chairman ofthe Council on Environmental Quality, regarding the need for compliancewith thle National Environmental Policy Act by the Agency for InternationalDevelopment, the Export-Import Bank and the Overseas Private InvestmentCorporation. Some progress was made during the previous Administrationto assure compliance with NEPA by other agencies. Now, the Council has Fproposed regulations which contemplate the preparation of an environmentalimpact statement - - as required by the statute - - in all cases where amajor federal action would significantly affect the quality of the humanenvironment, including instances whdre the federal action and its impactsmight occur outside the United States. a

Recent press reports quote the representatives of some governmentragencies as stating that NEPA does not apply to actions and impacts abroadand that such application would be seen as "unwarranted intrusion" into mat-rters subject to the "sovereign authority of other governjnents." These viewsare based on an obvious misapprehension of the National Environmental PolicyAct generally and the environmental impact statement requirements.

First, as to the coverage of NEPA: the language of the statuteindicates clearly the intent of Congress that environmental impact statementsare to be prepared in all situations covered by section 102(2) (C), regardlessof the site of the federal action or the location of its impacts. The legis-lative history of NEPA is along the same lines. For example, Senator Jackson,who sponsored the legislation, said in the Senate debate just before passage:.

"What is involved is a Congressional declaration that-[we do not intend, as a govcrnmcnt or as a people, to initiateactions which endanger the continued existence or the healthof mankind. That we will not intentionally initiate actionswhich will do irreparable damage to the air; land, and waterwhich supports life on earth."

Mr. Stuart EizenstatFebruary 2, 1978Page 2.

Virtually all government agencies have now begun to apply thestatute to cases where the federal activities and their impacts are-located outside the United States. Agencies having international -pro -grains, such as the Departments of State and Defense and the Agency forInternational Development, have reflected this in their regulations,and a number of government agencies have prepared environmental impactstatements on activities carried out abroad or which have impacts abroad.The few court cases that, have considered the question likewise have heldthat NEPA applies to major federal actions and their impacts regardlessof location.

This is not a question of the U.S. imposing its environmental lawsand standards on other countries. Rather, the requirement of section 102(2) (C) of NEPA is for the preparation of an analysis that will illuminatethe environmental consequences of a particular actioh before the decision -

is made to go ahead. The statute does not determine what decision will bemade. In the case of an action to be undertaken abroad or having impactsabroad, the function of an environmental impact statement is to furnishthe U.S. government agency, and other governments affected, with the bestavailable environmental information and evaluation before decisions aremade.

I hope the Administration will support vigorously the protectionof the global environment through assuring that the relevant factors arebrought to light and made available in the decision-making process underNEPA. The Council on Environmental Quality deserves support and encourage-ment as it proceeds with steps to give effect to the mandate of Congress.

Sincerely,

EDMND S. MUSKIE, U.S.S.Ch-ga-nnan, Subcommuittee onEnvironmental Pollution

April 2, 1976

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY

722 JACKSON PLACE. N. W.

WASHINGTON. D. C. 2000S

March 30, 1976

MEMORANDUM FOR MALCOLM BA 5 WN

FROM: Ben Merrillt

SUBJECT: NEPA Procedures for Financial Aid Institutionsof the U.S. Government

The pending promulgation and publication by AID of

procedures for complying with- Section 102(2) (C) provides

an opportunity for CEO to turn its attention to other

similarly situated Federal funding institutions.

In a meeting on Monday, March 22, 1976 with Earl Lubensky,

Jim Mandros, Ken Weiner, and myself, we discusssed approaches

and strategies for breaching the NEPA gap with other

agencies. Those mentioned included:

ot'PICUS IAACIAACTIONExport-Import Bank

we agreed, after some discussion, that these agencies should

be approached and asked to define their relationship to NEPA

and its implementation.' The most important and pressing

agencies which we should- give priority seems to be Export-

Import Bank and the United States Information Agency. This

is so because Ex-Im Bank has recently come under pressure

from the NRDC to define its NEPA compliance procedures,

and was a joint defendant in the case Sierra Club v. AEC,

(6 ERC 1980 (1974)), thus being put on notice of interest

-2-

in their procedures. As for USIA, Jim Mandros is on loanto CE~from that agency and as such a resource person, ableto work with it in developing some Positive NEPA posture.

our discussion of strategy included informal contacts withidentified NEPA officers at those agencies, and a letter tothem pointing out AID's recent decision to publish procedures.We would hope to use the AID procedures as a negotiatingpoint.

Whether or not we attempt an approach to all similarlysituated agencies, or to these two -- and AID makes three --) Ken Weiner brought up several good points which we allagreed should be answered by the Council so that we wouldhave a single, coherent posture vis-a-vis these types ofinstitutions. I have-attached Ken's memo.

In answering Ken's questions, we should be careful that wedo not have to carve out exceptions in our answers to accom-modate AID, with whom we have already worked.

Jim Mandros has agreed to have a draft letter to USIA/EX-IM Bank during the week of April 5-9th so that severalof us can offer comments as to approach.

Answers to Ken's questions should be structured around someformat for reaching a staff, and perhaps a Council consensus.I am not aware of any formal procedure. Recommendationsare welcomed.

Attachment

cc: JellinekWidmanMatuszeaskiLuben skyMandrosWeinerTundermannGutting

Page Two.

3. on the small handle issue, should such internationaldevelopment agencies participate in environmental assessments(generically speaking) without necessarily being required tobe the lead agency or do the EIS themselves? When and how?

4.. if impacts are solely overseas,.does that require an EISor some form of assessment? When and how?

The problems of developing an EIS foi! actions ;undertaken by--Federal agencies with impacts in other countries should bekept in mind. For example, the impact on "cultural" heritage.is an American agency competent to determine such impacts?Even if it is, can or should the agency take them into account?Is such a determination the internal policy of the nationbeing assisted? Should the agency (or CEQ) defer to theState Department for such a.policy call on the effects ofthe action in question?

Kenneth Weiner

EXECUTIVE OFFICE OF THE PRESIDENTCOUNtCIL- ON FENVIRONMMENTAL- QUALITY

722 JACKSON PLACE. N. W.

WASHINGTON. D. C. 20008

NOTE TO: Ben MerrillSUBJECT: EIS Application to international SituationsDATE: March 22, 1976

I am listing some of the questions which come to mindas being relevant to developing and articulating ourposition on this subject, as per our conversation..Use them as you see fit.

General applicability

1. Are funds that a financial institution providessubject to some form of environmental assessment onthe activities to be funded?

How does the answer apply to domestic institutions(e-g. the Fed, Fhlmc)? foreign monetary transactions(e.g. AID, Ex-Im)?

2. What happens in cases where the activities to befunded are speculative or unknown, as is often the casewith financing commitments?

Similar questions:

o Are the benefits (actual or potential) that an insuranceinstitution provides subject to some form of environmentalassessment on their use? domestic (e.g. GNMA) ? foreign?'

* Is the assistance (financial or technical) that an agencyprovides overseas subject to some form of environmentalassessment on the activities being assisted? (e.g. DOD,ACTION)

In short, is financing! insuring! assisting a "Federal action"?if it is a Federal action, does it require an EIS?Are there special circumstances in the international situationwhich need to be taken into account?

April 2, 1976

nsi RA prneodune on latersatlsmei flnacia .4

Benz I support Dave Tuodndmasa cameasts.

MNo that AID's procedures ha"e been published,has sheet a mmw meting to coelder Ted4esmumn'point..

cc: Steow JellinkHaleela BaldwinDavid ?uaderuemaEari Lubeasky

EXECUTIVE OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMENTAL QUALITY

722 JACKSON PLACE. N. W.

WASHINGTON, D. C. 20006

March 30, 1976

MEMORANlDUM FOR MALCOLM BAJIDN

FROM: Ben Merrill

SUBJECT: NEPA Procedures f or Financial Aid Institutions

of the U.S. Government

The pending promulgation and publication by AID ofprocedures for complying with-section 102(2) (C) provides

an opportunity for CEO to turn its attention to other

similarly situated Federal funding institutions.

In a meeting on Monday. March 22, 1976 with Earl Lubensky,

Jim Mandros, Ken Weiner, and myself, we discusssed approaches

and strategies for breaching the NEPA gap with other

agencies. Those mentioned included:

cn'ICUS IAACIAACTIONExport-Import Bank

We agreed, after some discussion, that these agencies should

be approached and asked to define their relationship to NEPA

and its implementation.' The most important and pressing

agencies which we should give priority seems to be Export-

Import Bank and the United States Information Agency. This

is so because Ex-Im Bank has recently come under pressure

from the NRDC to define its NEPA compliance procedures.

adfd was a joint defendant in the case Sierra Club v. AEC,

(6 ERC 1980 (1974)), thus being put on notice of interest

-2--

in their procedures. As for USIA, Jim Mandros is on loanto CE~from that agency and as such a resource person, ableto work with it in developing some positive NEPA posture.

our discussion of strategy included informal contacts withidentified NQEPA officers at those agencies, and a letter tothem pointing out AID's recent decision to publish procedures.We would hope to use the AID procedures as a negotiatingpoint.

Whether or not we attempt an approach to all similarly* situated agencies, or to these two -- and AID makes three --) Ken Weiner brought up several good points which we all

agreed should be answered by the Council so that we wouldhave a single, coherent posture vis-a-vis these types ofinstitutions. I have-attached Ken's memo.

In answering Ken's questions, we should be careful that wedo not have to carve out exceptions in our answers to accom-modate AID, with whom we have already worked.

Jim Mandros has agreed to have a draft letter to USIA!EX-IM Bank during the week of April 5-9th so that severalof us can offer comments as to approach.

Answers to Ken's questions should be structured around someformat for reaching a staff, and perhaps a Council consensus.I am not aware of any formal procedure. Recormmendationsare welcomed.

Attachment

cc: JellinekWidmanMatuszeskiLubenskyMandrosWeinerTundermannGutting

EXECUTIVEf OFFICE OF THE PRESIDENTCOUNCIL ON ENVIRONMWENTAL QUALITY

722 JACKSON PLACE. N. W.

WASHINGTON. D. C. 20005

NOTE TO: Ben MerrillSUBJECT: EIS Application to international SituationsDATE: March 22, 1976

I am listing some of the questions which come to mindas being relevant to developing and articulating ourposition on this subject, as per our conversation.Use them as you see fit.

General applicability

1. Are funds that a financial institution providessubject to some form of environmental assessment onthe Activities to be funded?

How does the answer apply to domestic institutions(e-g. the red, Fhlmc)? foreign monetary transactions(e.g- AID, Ex-Im)?

2. What happens in cases where the activities to befunded are speculative or unknown, as is often the casewith financing commitments?

Similar questions:

* Are the benefits (actual or potential) that an insuranceinstitution provides subject to some form of environmentalassessment on their use? domestic (e-g. GNMA)? foreign?-

*is the assistance (financial or technical) that an agencyprovides overseas subject to some form of environmentalassessment on the activities being assisted? (e.g. DOD,ACTION)

In short, is financing/ insuring/ assisting a "Federal action"?If it is a Federal action, does it require an EIS?Are there special circumstances in the international situationwhich need to be taken into account?

'F' ~~~~~~~~~~~Page Two.

3. on the small handle issue, should such internationaldevelopment agencies participate in environmental assessments(generically speaking) Without necessarily being required tobe the lead agency or do the EIS themselves? When and how?

orI somepactsfare solely overseas, .does that require an EISor sme ormof ssesmet? henandhow?

The problems of developing an EIS for' actions 'undertaken byFederal agencies with impacts in other countries should bekept in mind. For example, the impact on "cultural" heritage.is an American agency competent to determine such impacts?Even if it is, can or should the agency take them into account?Ts such a determination the internal policy of the nationbeing assisted? Should the agency (or CEQ) defer to theState Department for such a-policy call on the effects ofthe action in question?

K~enneth Weiner

EXECUTIVE OFFICE OF THE PRESIDENTii ~~~~~~COUNCIL ON ENVIRONMENTAL QUALITYWASHINGTON. D.C. 20503

INTERAGENCY TASK FORCE ON ENVIRONMENTAL IMPACTS ABROAD

REPORT OF THE TASK FORCE CHAIRMAN

EDWARD E. YATES

JULY 23, 1990

Recycled Paper

2

I. INTRODUCTION

The National Environmental Policy Act (NEPA) requires federal

agencies to assess the environmental impacts of their actionsthrough the Environmental Impact Assessment (EIA) process. The

statutory language does not specifically state whether NEPA appliesto federal actions abroad and the courts have not made any clear

ruling on this issue. After years of interagency debate concerningthe extraterritorial application of NEPA, President Carter issued

Executive order 12114, establishing a procedure for the Executivebranch in this area. E.O. 12114, however, has not been appliedconsistently and its broad exemptions have prompted both Senate and

House committees to hold hearings on this issue and introducelegislation that would apply NEPA extraterritorially.

Legislation concerning the extraterritorial application of NEPA

has passed the House (HR 1113) and is poised for consideration by

the Senate (S 1089). Last year, the administration noted seriousconcerns with particular provisions of HR 1113 but also stated

that, "the President is firmly committed to ensuring that the

environmental impacts of federal extraterritorial activities are

properly considered." Further, the Administration made a

commitment to reevaluate Executive order 12114, to "ensur(eJ that

pertinent environmental aspects of all U.S. major actions abroadare fully considered."

CEQ convened an interagency task force, chaired by Edward Yates,Assistant General Counsel, and assisted by individuals from 18

federal agencies that engage in actions with environmental impacts

outside the U.S. or which have an interest in such actions. The

Task Force was set up as a working group to review and assess the

implementation of the Executive Order. It was not convened to

develop or decide administration policy concerning pending relevant

legislation or to actually draft a revision of the Executive order.Its findings, as reported by the Chairman, follow.

II. TASK FORCE PROCESS

in its first substantive meeting, the Task Force listened to

reports from three federal agencies who carry out numerous actions

abroad, the Department of Defense, the Agency for InternationalDevelopment, and the overseas Private Investment Corporation. TheDepartments of State and Treasury also gave brief presentations.In another session, non-governmental organizations and

Congressional staff were invited to give presentations and answer

questions. These organizations included representatives from

industry, environmental advocacy organizations and internationalinstitutions. The Task Force then met several times to identifyissues and problems connected with the Executive Order, including

3

its scope, agency procedures, exemptions and judicial review. Thisreport was drafted by the Task Force C4ainnan and circulated forcomment to the various agency representatives. Comments concerninga possible revision of the E. O. are not attributed to specif icagencies because this report is not int~nded as an identificationof current agency policy on this subject.

III. TASK FORCE FINDINGS

1. agency Presentations

AN~~~~~~~~~~~~~~~~~~~~I

_ _ HR~~No

4

Nip~~~~~~~~~~~~~~~I

The overseas Private Investment Corporation

OPIC provides political risk insurance and financing to U.S.companies investing in commercial ventures in developing countries.Last year, the Corporation assisted 123 projects in 35 countries.OPIC prepares the majority of its environmental assessments withoutthe benefit of paid outside expertise due to budget constraints.

In addition to being subject to E.O. 12114, OPIC is statutorilyrequired to abide by sections 117, 118 and 119 of the ForeignAssistance Act, which also govern AID's actions in the areas ofnatural resources, tropical forestry, and biological diversity.Congress also has directed OPIC to use international standards,such as the World Bank's environmental guidelines, when assessingprojects. In accordance with its legislation, OPIC notifies tbeappropriate host governmental officials of environmentallysensitive projects which the Corporation proposes to support andprovides those officials with relevant international and U.S.standards for those projects. Only a small number of governmentshave responded to these notifications but those responses have

acknowledged the usefulness of the notif ication materials whichthey had received. oPIC, like AID, expr~ssed concern over judicialreview.

m i ____~~~No N

6

MR

7

A

___ NR

w

Ii~~~~~~~~~~~~~~~~~~P

CI~No

Oman~~~~~

9

__________B

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