ENVIRONMENTAL REVIEW PURSUANT TO SECTION 1424(E) OF THE SAFE DRINKING WATER ACT OF 1974 AND ITS RELATIONSHIP TO THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00467A001100100001-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 16, 2016
• Document Release Date: May 11, 2005
• Sequence Number: 1
• Publication Date: November 19, 1976
• Content Type: MF

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EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D. C. 20006
November 19, 1976
Executive Registry
MEMORANDUM FOR HEADS OF FEDERAL AGENCIES
SUBJECT: Environmental Review Pursuant to Section 1424(e)
of the Safe Drinking Water Act of 1974 and its
Relationship to the National Environmental Policy
Act of 1969
This memorandum provides guidance to Federal agencies on how
to carry out an evaluation of the impact of federally
assisted projects on groundwater supplies.
Section 1424(e) of the Safe Drinking Water Act of 1974 [P.L.
93-5231 authorizes the Administrator of the Environmental
Protection Agency (EPA) to designate an aquifer for special
protection if it is the sole or principal drinking water
resource for an area, and if its contamination would create
a significant hazard to public health. The Administrator
may make this designation on the basis of a citizen petition
or upon EPA's own initia i.Ve? No commitment for Federal
financial assistance, through a grant, contract, loan
guarantee or otherwise, may be entered into for any project
that the Administrator determines may contaminate such a
designated aquifer through a recharge zone so as to create a
significant hazard to public health. This memorandum pro-
vides information and guidance. to Federal agencies regardin4
the relationship of the review of such projects by the.
Administrator of EPA to the environmental review process
established by the National Environmental Policy Act (N1'PA).
an area is under consideration for designation, SPA will
publish notice in the Federal Re 1 ter and notjry the
regional offices of Federal agenenc es. If an area is desig-
nated, the Federal agencies will recei, notice with a map
of the designated area with the rechge zone outlined. In
each case relevant A-95 agencies will also be notified.
In general, EPA's reviews and det--rminations for.Federally
supported projects in the recharge zone of an aquifer
designated under Section 1424(e) w".11 involve actions subject
to the provisions of NEPA and to a large degree will focus
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on proposed actions for which environmental impact state-
ments (EISs) are prepared. EPA's review will be incorporated
within its responsibilities and determinations under NEPA
and other environmentally protective laws, including Section
309 of the Clean Air Act. For such actions planned to occur
in designated aquifer areas, Federal agencies should send a
copy of their decisions to prepare draft EISs* to the
appropriate Regional EPA Administrator. This procedure
will allow early consultation on projects and help avoid
delays. Close coordination should take place between regional
Federal agency offices and regional EPA offices during the
environmental review process under NEPA, to minimize any
adverse impact on.aquifers designated or, under consideration
for designation pursuant to Section 1424(e).
EPA may conduct a special review of Federal aid projects
that are in the vicinity of recharge zones of aquifers
designated under Section 1424(e) on its own initiative or on
the basis of citizen petition. If it d_ cides to conduct
special review, EPA will notify the appropriate Federal a
agency. To date, only the Edwards Underground Reservoir,
San Antonio, Texas, has bee-.z designated under Section 1424(o).
pro`-(-,t review guidelines fDr Edwards were published by EPA
in the Federal Register on December 16, 1975.
This memorandum should be understood to apply only to
aquifers designated under Section 1424 e) of the cafQ
Drinking Water Act. Nevertheless, as z-art of their overali
NEPA responsibilities, Federal agencies should continue to
identify and analyze any significant groundwater impacts of
their actions in cases where a particu=or aquifer has not
been designated by EPA. In doing so, a_zencies may wish to
consult with EPA early in project planrLng by contacting the
appropriate regional office. -
If, on the basis of an environmental assessment,_ It appears
tibat there will be significant impacts on gr^andwater quality,
a fix-11 EIS is warranted. k
*Such notification should be provided ---rsuant
Guidelines Section 1500.6(e).
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By incorporating evaluation of groundwater impacts into
planning of Federally assisted projects pursuant to NEPA,
Federal agencies will avoid potential delays which might
have been caused by Safe Drinking Water Act requirements.
Agencies should review their NEPA procedures to assure that
sufficient attention is given to evaluating potentially
significant groundwater impacts of programs and projects.
CEQ will be glad to assist in this effort.
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I D P. ULCARTHY
i AIRMAN AND
MINISTRATOR
COMMONWEALTH off' /IRQINIA
Council on the Environment
October 1, 1976
003 NINTH STREET OFFICE BUILDING
RICHMOND 23219
80-1-736-4500-
M E M O R A N D U M
TO: All Recipients of the June, 1976, Revision of the
Procedures Manual and Guidelines for the Environmental
Impact Statement Program in the Commonwealth of Virginia
FROM: Gerald P. McCarthy
I am pleased to announce that Mr. Reginald F. Wallace
has accepted the assignment of "Environmental Impact Statement
Coordinator" on the Council Staff, effective today. Mrs. Susan
T. Wilburn, who has had this responsibility for the past three
years, has been promoted to Assistant Administrator for the Council.
Please note this change in Appendix C of your Procedures Manual
(page 47) and direct all questions or correspondence regarding the
Environmental Impact Statement program to Mr. Wallace in the future.
Also, please note the changes in the list of State Agencies
Participating in Review of Environmental Impact Statements (Appendix C,
pages 46 and 47). An updated copy of the list is enclosed.
As a point of clarification, the Supplemental Guidelines
of the Virginia Institute of Marine Science mentioned on page 24
and included on page 31 of the Procedures Manual address topics
pertinent to that organization's evaluation of the effects of activi-
ties taking place in the marine environment. This evaluation is
advisory to the Virginia Marine Resources Commission, which has the
regulatory authority to protect the marine environment?as well as to
all other interested individuals or organizations. In this regard,
the guidelines on page 31 address topics necessary to the decision-
making responsibility of the Virginia Marine Resources Commission.
Thank you very much for,your attention to both these changes
and the note of clarification regarding the regulatory responsibility
of the Virginia Marine Resources Commission.
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ENVIRONMENTAL IMPACT STATEMENTS
STATE WATER CONTROL BOARD
Mr. J. L. Hamrick, Director
Environmental Affairs, Bureau
of Enforcement
2111 North Hamilton Street
P.O. Box 11143
Richmond, Virginia 23230
(804) 786-1411
SOIL AND WATER CONSERVATION
COMMISSION
Mr. Gerry Seeley
Hydraulic. Engineer
830 East Main, Street, Suite 800
Richmond, 'Virginia 23219
(804) 786-2064
STATE DEPARTMENT OF HEALTH
Mr. Oscar H. Adams, Director
Division of Engineering
Madison Building
Richmond, Virginia 23219
(804) 786-6277
COMMISSION OF GAME AND INLAND
FISHERIES
Mr. James F. Mclnteer, Jr.
Assistant Director
4010 West Broad Street
P.O. Box 11104
Richmond, Virginia 23230
(804) 786.-49,74 - .. _..,
MARINE RESOURCES COMMISSION
Mr. S. M. Rogers
Chief Environmental Officer
P.O. Box 756
Newport News, Virginia 23607
(804) 245-2811
SCATS 525-3430
AIR POLLUTION CONTROL BOARD
Mr. James Ruehrmund
Director, Operations and Procedures
1106 Ninth Street Office Building
Richmond, Virginia 23219
(804) 786-7564
VIRGINIA INSTITUTE OF MARINE SCIENCE
Colonel George Dawes
Assistant Marine Scientist
Gloucester Point, Virginia 23602
(804) 642-2111
COMMISSION OF OUTDOOR RE-CREATION
Mr. Rob R. Blackmore, Director
803 East. Broad Street
Richmond, Virginia _ 2324.9
(804) 786-2.036
HISTORIC LANDMARKS COMMISSION
Mr. Robert Swisher, SpeciaiI t'
221 Governor Street
Richmond, Virginia 23219
(804) 786.33-44
DEPARTMENT OF AGRICULTURE AND
COMMERCE
_. _ Dr.- B-erkwood,- M Fa cer, -Chief
Economist and Director
Planning and Development, Room 4C
P.O. Box 1163'
Richmond, Virginia 23209
(804) 786-3978
STATE CORPORATION COMMISSION
Mr. Ernest M. Jordan, Jr., Chief
Electric Utilities
Public Utility Division
Blanton Building
Richmond, Virginia 23219
[phone]
DEPARTMENT OF CONSERVATION AND
'ECONOMIC DEVELOPMENT
Mr. A. S. Rachal, Jr.
Executive Assistant
1100 State Office Building
Richmond, Virginia 23219
[phone]
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VIRGINIA PORT AUTHORITY
Mr M. V. Craft
Executive Director
1600 Maritime Tower
Norfolk, Virginia. 23510
(804) 622-1671
SCATS 525-3671
DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION
Mr. R. L. Hundley
Environmental Quality Engineer
1401 East Broad Street
Richmond, Virginia 23219
(804) 786-4304
VIRGINIA ENERGY OFFICE
Mr. Louis R. Lawson, Jr.
Director
823 East Main Street
Richmond, Virginia 23219
(804) 786-8451
DIVISION OF INDUSTRIAL DEVELOPMENT.
Mr. William C. Sim$;
Assistant Director
1010 State Office Building
Richmond, Virginia 23219
[phone]
VIRGINIA RESEARCH CENTER FOR
ARCHAEOLOGY
Dr. William H. Kelso
Acting Commissioner
Box 1204
Williamsburg, Virginia 23185
Attention: Mrs. Martha McCartney
(804) 220-2773
COUNCIL ON THE ENVIRONMENT
Mr. Reginald F. Wallace
Environmental Impact Statement
Coordinator
903 Ninth Street Office Building
Richmond, Virginia 23219
(804) 786-2189
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!.LO P. VcCART1 IY
1AIR;;:AN AND
MMIIS T BATOR
COMMON VEi!'s_TL TH of V1RQ1N1A
Council on the Environment
903 NINTH ST REf:T OFFICE
RICH7.'CN3 25219
83/,-786 4500
August t '11, 1976
Dear Ladies and Gentlemen
Enclosed is a copy of the recently revised Procedures Manual
and Guidelines for The Environmental Impact Statement Program In
The Commonwealth of Virginia. This manual addresses-'Eh-e- Council
on the Environments authority and procedures for inTplementing
the Environmental Impact Statement requirements in the Common-
wealth of Virginia for both State and federally-sponsored pro-
jects. It is sent to you with an invitation for suggestions for
continuing procedural improvements.
We encourage use of this manual by all affected by or in-
terested in the program. If you have any questions or would
like to submit suggestions, please contact the Environmental
Impact Coordinator at the Council office at [phone].
Thank you for your continued interest.in the Council's
activities.
Sincerely,
CPM:dja
Enclosure
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PROCEDURES MANUAL AND GUIDELINES
FOR THE
ENVIRONMENTAL IMPACT STATEMENT PROGRAM
IN THE
COMMONWEALTH OF VIRGINIA
PREPARED BY THE
COUNCIL ON THE ENVIRONMENT
COMMONWEALTH OF VIRGINIA
JUNE, 1976
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PURPOSE OF MANUAL
The purpose of this manual is to describe the Environmental
Impact Statement process in the Commonwealth of Virginia. for
both State and major Federally-funded or Federally-licensed
projects. Since the intent is the same for both types, only
differences in how they are processed are addressed. In each
subsequent section dealing with the responsibilities of the
Council, the agencies preparing EIS's, and the reviewing
agencies, these differences have been specifically noted.
if no distinction is made, the procedures can be assumed
to be the same for both.
The Council has placed a major emphasis on fiscally conser-
vative practices. To hold down the manpower costs, paper
flow, and other expenditures associated with the EIS program,.
several procedural changes have been effected since the
initiation of the program. The Council hopes these procedures
will facilitate a unity of purpose and direction among all
participating agencies and individuals that results in a
review process that is efficient, timely, comprehensive
and consistent.
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TABLE OF CONTENTS
PART ONE: PROCEDURES MANUAL
I.
INTRODUCTION I
A.
Statutory Federal and State Environmental Policy 1
B.
1. National Environmental Policy Act 1
2. Article XI of the Constitution of Virginia 1
3. Virginia's Environmental Quality Act 1
4. Virginia's Environmental Reporting Legislation 2
Purpose of Virginia's Program and Results Intended 2
C.
Environmental Impact Statement Program Organiza-
tional Description
1. Roles of Individuals Responsible for
Administering Virginia's Program
2. State Agencies Participating in the Review
of Environmental Impact Statements in Virginia
D.
E.
F.
Schematic Portrayal of Environmental Impact
Statement Process. in Virginia
'Definitions Used in Manual
Abbreviations Used in Manual
A.
Determine if Review is Warranted
8
B.
Initiate Review
10
C.
Notify Interested Parties of Review
11
D.
Coordinate Review Procedures
12
E.
Facilitate Interagency Communication
12
F.
Monitor Review Agency Response
13
G.
Collate and Evaluate Comments
13
H.
Notify Appropriate Parties of Evaluation of
Project
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III. RESPONSIBILITIES OF THE AGENCIES PREPARING
ENVIRONMENTAL IMPACT STATEMENTS
A. Comply with Guidelines, Both Procedurally and
Substantively 16
B. Submit Form of Intent 18.
C. Provide Adequate Copies of the Environmental
Impact Statement to Interested Parties
D. Respond to Requests of Reviewing Agencies for
Additional Data or to Modify Plans if Environ-
mentally Unacceptable
IV. RESPONSIBILITIES OF THE REVIEW AGENCIES
A. Notify Council of Interest in Project 21
B. Conduct Pertinent Review 21
C. Prepare and Submit Timely and Useful Comments 22
D. Assist Preparing Agencies in Internalizing the
Process 22
PART TWO: GUIDELINES
GUIDELINES FOR PREPARATION OF ENVIRONMENTAL IMPACT
STATEMENTS TO BE USED BY STATE AGENCIES RESPONDING TO
??10-17.107 THROUGH ??10-17.112 (VA. CODE
Purpose 23
Format and Contents 23"
Use of Guidelines 24
Outline of Data Required in the Preliminary
Environmental Impact Statement 24
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SUPPLEMENTAL GUIDELINES
State Water Control Board
29
Virginia Institute of Marine Science
31.
State Air Pollution Control Board
34
Department of Conservation and Economic Development
36
APPENDIXES
Appendix A -
Virginia Environmental Quality Act
38
Appendix B -
Environmental Impact Reports of State
Agencies
44
Appendix C -
State Agencies Participating in Review
of Environmental Impact Statements
46
Appendix D -
Notification of Review
48
Appendix E -
Form of Intent
50
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EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D. C. 20006
September 24, 1976
MEMORANDUM TO HEADS OF AGENCIES ON APPLYING THE EIS REQUIREMENT
TO ENVIRONMENTAL IMPACTS ABROAD
In recent months the Council has been involved in
discussions with several agencies concerning the appli-
cation of the EIS requirement in NEPA to U.S.. actions with
significant environmental impacts abroad (the high seas, the
atmosphere, and other areas outside the jurisdiction of any
nation; and other countries). We have noted different
interpretations and practices among several agencies on this
issue, and consequently have seen impact statements filed
which reflect varying degrees of consideration of the impacts
abroad of U.S. actions (whether the actions are taken or the
decisions made in the United States or abroad).
In order to encourage a consistent application of NEPA
to all major'federal actions, the Council is.issuing the
attached Memorandum on the Application of the EIS Require-
ment to Environmental Impacts Abroad. In it, we advise that
NEPA requires analysis and disclosure in environmental
statements of significant impacts of federal actions on the
human environment -- in the United States, in other countries,
and in areas outside the jurisdiction of any country.
We believe that by taking account of likely impacts
abroad before deciding on a proposal for action, federal
agencies can obtain the same benefits of NEPA review that
accompany the development of projects or actions with
domestic impacts. Moreover, we believe such analyses can be
accomplished without imposing U.S. environmental standards
on other countries, and without interfering with the execu-
tion of foreign policy. To the contrary, such analysis and.
disclosure can provide useful information to cooperating
governments. Finally, if agencies undertake these analyses
in cooperation with involved foreign governments, U.S.
agencies can promote international approaches to environ-
mental protection as recommended in the Stockholm Declara-
tion and elsewhere.
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We recommend that agencies which take actions abroad
and/or which take actions in the United States with potential
significant environmental impacts abroad consult as neces-
sary with the Council or the Council's staff concerning
specific procedures, proposals or programs which may be
affected.
Russell W. Peterson
Chairman
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EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D. C. 20006
September 24, 1976
Memorandum on the Application of the
EIS Requirement to Environmental Impacts
Abroad of Major Federal Actions
NEPA requires analysis of significant environmental
impacts of proposed major federal actions on the quality of
the human environment. The "human environment" is not
limited to the United States, but in.ludes other countries
and areas outside the jurisdiction of any country (e.g., the
high seas, the atmosphere). The Act contains no express or
implied geographic limitation of environmental impacts t
the United States or to any other area. Indeed, such a
limitation would be inconsistent with the plain language of
NEPA, its legislative purpose, the Council's Guidelines, and
judicial precedents.
In a statute which in other sections refer specifically
to the national environment,1 use of the term human environ-
ment in ?102(2)(C) reflects an intent to cover environ-
mental impacts beyond U.S. borders. This interpretation is
consistent with NEPA's stated purpose, declared in the
preamble to the Act, to "encourage productive and enjoyable
harmony between man and his environment; to promote efforts
which will prevent or eliminate damage to the environment
1 See, e.g., Sections 101(b),(2), 101(b) (4), 201.
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and biosphere and stimulate the health and welfare of man."
It is also consistent with Congress' recognition in Section
101 of "the profound impact of man's activity on the inter-
relations of all components of the natural environment ..
and ... the critical importance of restoring and maintaining
environmental quality to the overall welfare and development
of man." Applying the EIS requirement to impacts abroad
also implements the mandate in Section 102 to all agencies
to "recognize the worldwide and long range character of
environmental problems." In sum, the broad language of
Section 102(2)(C) as well as the explicit congressional
determination that our national environmental policy must
have a global perspective gives Section 102(2)(C) a wide
scope.
The legislative history of NEPA supports the inclusion
of impacts globally and in other countries within the scope
of the EIS requirement. A 1968 "Congressional White Paper
on a National Policy for the Environment", summarizing the
joint House-Senate colloquium on national environmental
policy that led to NEPA's introduction, and inserted into
the record by Senator Jackson during debate, stated, "[a]lthough
the influence of the U.S. policy will be limited outside its
own borders, the global character of ecological relationships
must be the guide for domestic activities."2 Both the House
and the Senate reports on NEPA, reflecting the testimony
2 1lVp " [e-mail]2(9 @ 5/0 / :.CIA~R[1R~769~II~OQ467A001100100001-8
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of numerous witnesses at the hearings, recognized the
statute's global perspective.3 Statements to the same
effect were made during the floor debates, including an
explanation by Senator Jackson of NEPA's statement of
environmental policy:
"What is involved [in NEPA] is a congressional
declaration that we do not intend, as a government
or as a people, to initiate actions which endanger
the continued existence or the health of mankind:
That we will not intentionally initiate action which
will do irreparable damage to the air, land and
water which support life on earth."
The House Merchant Marine and Fisheries Committee during
oversight hearings specifically rejected the argument that
NEPA should not be applied to actions occurring within the
jurisdiction of another nation:
3 See, e.g., Sen. Rep. No. 91-296, 91st Cong., 1st
Sess., at 17, 43-45 (1969); H.R. Rep. No. 91-378,
91st Cong., 1st Sess., at 5, 7 (1969).
4 115 Cong. Rec. 19009 (July 10, 1969); see also
115 Cong. Rec. 14347 (May 29, 1969); 115 Cong. Rec.
26575-16476 (Sept. 23, 1969); 115 Cong. Rec. 29056
(Oct. 8, 1969).
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4
"Stated most charitably, the committee disagrees
with this interpretation of NEPA. The history of
the act makes it quite clear that the global effects
of environmental decisions are inevitably apart
of the decisionma~ing process and must be considered
in that context."
The Council has consistently applied NEPA to U.S.
international activities and has urged federal agencies to
recognize the Act's global perspective. In its first Annual
Report, for example, the Council pointed out that NEPA
"directed all agencies of the Federal Government to recognize
the worldwide and long-range character of environmental
problems."6 In 1971 the Council's Legal Advisory Committee
specifically urged federal agencies to apply NEPA to their
actions in foreign countries.7 The Council's 1973 Guidelines
require the assessment of "both the national and international
environment."8 The Fifth Annual Report reviewed agencies'
experience in applying the FIS process to U.S. actions
abroad.9 In 1976 the Council reported on one of the benefits
of this experience--the growth of environmental impact
assessment procedures in other countries.10
5 H.R. Rep. 92-316, 92nd Cong., lst Sess., at 32-33
(1971).
6 CEQ, Environmental Quality - 1970, at 200 (1970).
7 Legal Advisory Commitee Report to the President's
Council on Environmental Quality, at 13-17 (December
1971).
8 40 C.F.R. Section 1500,8(a)(3)(i)(1975).
9 CEQ, Environmental Quality - 1974, at 399-400 (1974).
10 CEQ, Environmental Quality - 1975, at 653-54 (1976).
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Accordingly, some federal agencies have provided in
their NEPA procedures for the preparation of environmental
statements when agency actions cause significant. environmental
impacts beyond U.S. borders,11 and impact statements have
been prepared on U.S. actions in foreign countries. 12
Moreover, the courts13 and virtually every legal commentary
11 See, e.g., 38 Fed. Reg. 34135-46 (1973) (Coast
Guard); 37 Fed Reg. 19167-68 (1972) (Dept. of
State); 41 Fe . Reg. 26913-26919 (1976) (Agency for
International Development).
12 See, e.g., Dept. of Transportation, Draft EIS, Darien
Gap Highway (March 1976); Dept. of the Interior,
Final EIS, Alaska Natural Gas Transportation
System (March 1975).
13 In Wilderness Society v. Morton,463 G. 2d 1261
(D.C. Cir. 1972), the court granted standing to
Canadian intervenors concerned with the trans-Alaska
Pipeline, holding that the intervenors' interest -
in the significant impacts of the pipeline in Canada
were within the zone protected by Section 102(2)(c).
In Sierra Club v. Coleman,405 F. Supp. 53 (D.D.C.
1975), the court held, inter alia, that DOT's impact
assessment on portions of the Pan-American Highway
was deficient because it failed to address the
environmental impacts of alternative highway corridors
through Panama and Columbia. Since the significant
impacts of corridor alternatives lay exlusively in.
Panama and Columbia, the case necessarily holds that
impacts in foreign national terriroty are within the
scope of Section 102(2)(C).
Of course, significant indirect as well as
direct impacts must be considered. 40 C.F.R.
Section 1500.8(a)(3)(ii) (1975); City of Davis
v. Coleman, 521 F.2d 661, (9th Cir., 1975);. see
CEQ, Environmental Quality-1974, at 410-11 (1974).
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addressing the subject 14 _ - _ the Coounnccili1- 's_ b.e_l_ .ie_
have_.suppor ted_ belief that an environmental statement is required whenever U.S.
actions would have significant environmental impacts on the
U.S., on global resources, or on foreign countries.
14 See, e.g., Committee on Environmental Law of the
Section on International and Comparative Law of
the American Bar Association, Opinion on the
International Scope of NEPA (July 1971); Strausberg,
the National Environmental Policy Act and the
Agency for International Development, 7 Int'l. Law.
46 (1972); Robinson, Extraterritorial Environmental
Protection Obligations of Foreign Affairs Agencies:
The Unfulfilled Mandate of NEPA, 7 Int'l. Law.
Pol. 257 (1974) Note, the Extraterritorial Scope of
NEPA's Environmental Impact Statement Requirement,
74 Mich. L. Rev. 349 (1975); Appelbaum, Controlling
the Hazards of International Development, 5 Ecol..
L.Q. 321 (1976).
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The policies underlying NEPA reinforce the inter-
pretation suggested by its language and legislative history,
judicial precedents and administrative practice. Analysis
and disclosure in an EIS of significant environmental
effects provide U.S. decisionmakers a fuller picture of the
foreseeable environmental consequences of their decisions.
Impact statements do not dictate actions on foreign soil or
impose U.S. requirements on foreign countries; instead, they
guide U.S. decisionmakers in determining U.S. policies and
actions.
In?addition, EISs provide information to cooperating
governments which they then could use in making decisions
about projects within, or which may affect, their countries.
Far from being an imposition, this information can enhance
the value of U.S. assistance or participation. This full
disclosure by the United States contributes to the integrity
of cooperating governments' policy making, and thus lends
support to international environmental cooperation as directed
in ?102(2)(F),15 the Stockholm Declaration, and other
international agreements.16
15 See H.R. Rep. 92-316, 92nd Cong., lst Sess.,
at 33 (1971).
16 See, e.g., Convention Concerning the Protection of the
World Cultural and Natural Heritage, November 23, 1972;
Convention on Nature Protection and Wildlife Preservation
in the Western Hemisphere, October 12,1940.
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To the extent national security or essential foreign
policy considerations make controlled circulation of en-
vironmental statements necessary, NEPA provides sufficient
procedural flexibility to accomplish this. Section 102(2)(C)
provides exceptions to public circulation of documents by
incorporating the Freedom of Information Act and its exemp-
tions by reference. Environmental statements or portions of
them have been classified, for example, when necessary to
protect national security.17 Presumably, if public examina-
tion of a proposed U.S. action in another country would
jeopardize U.S. foreign policy in a given instance, circu-
lation of the environmental statement could be restricted in.
accordance with these statutory procedures.18 In general,
however, Congress has mandated that environmental statements
are public documents.
In summary, the Council believes that the impact
statement requirement in ?102(2)(C) of NEPA applies to all
significant effects of proposed federal actions on the
quality of the human environment -- in the United States, in
other countries, and in areas outside the jurisdiction of
any country. Accordingly, agency officials responsible for
17
See,
e.g., U.S. Navy, Final EIS, Transit Satellite
(June
1972).
18
Thus,
NEPA incorporates a procedure for
ensuring that
the execution of U.S. foreign policy and U.S. environ-
mental policy are consistent. Of course, no-agency
has the authority otherwise to deviate from NEPA's
requirements, on foreign policy or other grounds.
Calvert Cliffs' Coordinating-Comm. v. AEC, 449 F.2d
1109 (D.C. Cir. 1971).
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analyzing the potential environmental effects of proposed
actions should fully assess the potential impacts outside
the United States, as well as those within it; if any of
these potential impacts are likely to be significant, an
impact statement should be prepared.
F0
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