Memorandum

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00244R000100200030-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: May 18, 1999
• Sequence Number: 30
• Publication Date: April 23, 1971
• Content Type: MEMO

Approved For ReI~Q~~(~~~4 ~~~~pPQ>~~;~~?~4~(~~Q~~,0030-1
?GOUNCIL Otr ~NVIRONMRNTAL QUALITY '
? 722 JACKSON PLACE, N. W.
WAIN 1 NGTON , D . C~. 2 0006
Ex?cutivu P3~iw'I:Y
a~~ 2 3 ~97~ .. , .
MEMORANDUM TO THE HEADS OF AGENCIES
RE: Revised CEQ Guidelines on Environmental Impact
Statements Prepared under Section 102(2)(C) of
the National Environmental Policy Act
Attached are the Council's Revised Guidelines on
environmental impact statements prepared under Section
1O2(2)(C) of the National Environmental Pol-icy Act as
published in the Federal Register. Also included (see
section $) are the Environmental Protection Agency's
interim procedures under Section 309 of the Clean Air
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certain proposed legislation and agency actions and
regia.iatiGilS affecting JC;PA' S areas Of responsibility
(air quality, water quality, solid waste, pesticides,
radiation standards, noise).
The revisions,in CEQ's guidelines apply to pro-
posed agency actions for which draft environmental
statements are circulated after June 30, 1971. Agencies
are requested to update their procedures for handling
environmental statements to take account of the revised
CEQ guidelines prior to
July
1.
These updated
agency
procedures should be made available to the Council for
consultation prior to formal issuance (Attention:
General Counsel). The Council will invite the partic-
ipation of OMB and EPA in this consultation.
In updating .your Agency's procedures, your atten-
tion is directed in particular to the following:
(Section 3)
Agency procedures should provide guidance in
identifying:
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-- those types of agency actions. requiring
environmental statements
--~ the appropriate time prior to decision for
the interagency consultations required by
Sec. 102 (2) (C) ~ _
--- the agency "review process?' for which the
final environmental statement and comments
are to be available, ?
ronment ~ .they areas__of_EPA' s ~'? '
_.__~urisdiction~q(i.e. air and
water quality, solid waste, ~esticides~ radiation standards,
noise) (See _section A8) ?-"""-~~-~?~~~`~---~---~-?~-
nvironmental Protection Ac~enc_y__is requested on
____. _..
proposed legislation, regu,~.ations, ..new .construction roj-
.~.. _ _.
_ ._
_ects and ma-ic~r art-inns c;rrn;~;,..-, ,.. +.i,. _rr__~_____ .;~? -~
Agency procedures should assure that advance comment
from the E '"-~----~
,~f? (Section 6 )
(i) Environmental statements must include an ade-
(ii) The comment of EPA on water quality aspects
should be requested in addition to any State or inter-
state certification on this aspect. under Section 21 (b)
of the Federal Water Pollution Control?Act.
quate description of the propased actior_ to permit
careful assessment by commenting agencies.
Agency procedures will need to take account of re-
quirements for obtaining EPA comment under Section 309
of the Clean Air Act, as amended. Where an agency is
filing an environmental statement which w5.11 be referred
to.EPA for comment, no change is required. In the case
of proposed legislation or regulations where the matter
affects the areas of EPA's jurisdiction and no environ-
mental statement is going to be filed, such matters now
must be referred to EPA far comment.
(Section 10)
Agency procedures must assure that, to the maximum
extent practicable, the. minimum 90 day and 30 day periods
(Section 8)
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of public availability for draft and final environmental
statements on administrative actions are observed. As
noted, these periods may overlap. Agency procedures
should also respond to the requirement that they "insure
the fullest practicable provision of timely public in-
formation and understanding of Federal plans and program
with environmental impact in order to obtain the views of
interested parties." These procedures should include,
where appropriate, provision for public hearings and.
availability of. draft environmental impact statements
in advance of such hearings. Updated agency procedures
must also facilitate public access to draft and final
environmental statements and the comments received.
Recent lower court decisions involving the National
Environmental Policy Act (e.g. EDF v. Corps of Engineers,
D. Ark., LR-70-C-203, 1971; EDF v. Hardin, D., D.C.,
CA 2319-70, 1971) indicate courts will require an adequate.
compliance with Section 102(2)(Cj and that this process
envisions
...that program farmulaticr~ will be directed
by research results rather than that research
programs will be designed to substantiate
programs already decided upon... The [environ-
mental] statement must be sufficiently detailed
to allow a responsible executive to arrive at~
a reasonably accurate decision regarding the '
environmental benefits and detriments to be
expected from program implementation. The
statement should contain adequate discussion
of alternative proposals to allow for program
modification during agency review so that
results to be achieved will be in accordance
with national environmental goals.
Although the Supreme Court has not yet~canstrued the
Act, there is ample evidence in its treatment of Section 4(f)
of the Department of Transportation _Act_ i_n__the Overton Park*
case that it also will enforce compliance with the necessary
procedural requirements.
* Citizens to Preserve Overton Park v. Volpe, 1 ELR 20110
". (March 2 , 1971)
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We invite the earliest passible adjustment of your
agency's environmental statement procedures to reflect
the new requirements in the Council's guidelines and
the rigor expected by Congress,-the courts and the public
in our implementation of the National Environmental Policy
Act. _
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Attachment
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