/* Written 4:44 pm May 23, 1995 by afmgr@osiris.cso.uiuc.edu in osiris:subject.regs.orders */
/* ---------- "Executive Order 12114" ---------- */
EXECUTIVE ORDER 12114
ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS
HISTORY: Jan. 4, 1979; 44 FR 1957, 3 CFR, 1979 Comp., p. 356
By virtue of the authority vested in me by the Constitution and the
laws of the United States, and as President of the United States, in
order to further environmental objectives consistent with the foreign
policy and national security policy of the United States, it is ordered
as follows:
Section 1
Section 11-1. Purpose and Scope.
The purpose of this Executive Order is to enable responsible
officials of Federal agencies having ultimate responsibility for
authorizing and approving actions encompassed by this Order to be
informed of pertinent environmental considerations and to take such
considerations into account, with other pertinent considerations of
national policy in making decisions regarding such actions. While based
on independent authority, this Order furthers the purpose of the
National Environmental Policy Act and the Marine Protection Research and
Sanctuaries Act and the Deepwater Port Act consistent with the foreign
policy and national security policy of the United States and represents
the United States government's exclusive and complete determination of
the procedural and other actions to be taken by Federal agencies to
further the purpose of the National Environmental Policy Act, with
respect to the environment outside the United States, its territories
and possessions.
Sec. 2
2-1. Agency Procedures.
Every Federal agency taking major Federal actions encompassed hereby
and not exempted herefrom having significant effects on the environment
outside the geographical borders of the United States and its
territories and possessions shall within eight months after the
effective date of this Order have in effect procedures to implement this
Order. Agencies shall consult with the Department of State and the
Council on Environmental Quality concerning such procedures prior to
placing them in effect.
2-2. Information Exchange.
To assist in effectuating the foregoing purpose, the Department of
State and the Council on Environmental Quality in collaboration with
other interested Federal agencies and other nations shall conduct a
program for exchange on a continuing basis of information concerning the
environment. The objectives of this program shall be to provide
information for use by decisionmakers, to heighten awareness of and
interest in environmental concerns and, as appropriate, to facilitate
environmental cooperation with foreign nations.
2-3 Actions Included.
Agencies in their procedures under Section 2-1 shall establish
procedures by which their officers having ultimate responsibility for
authorizing and approving actions in one of the following categories
encompassed by this Order, take into consideration in making decisions
concerning such actions, a document described in Section 2-4(a):
(a) major Federal actions significantly affecting the environment of
the global commons outside the jurisdiction of any nation (e.g., the
oceans or Antarctica;)
(b) major Federal actions significantly affecting the environment of
a foreign nation not participating with the United States and not
otherwise involved in the action;
(c) major Federal actions significantly affecting the environment of
a foreign nation which provide to that nation:
(1) a product or physical project producing a principal product or an
emission or effluent which is prohibited or strictly regulated by
Federal law in the United States because its toxic effects on the
environment create a serious public health risk; or
(2) a physical project which in the United States is prohibited or
strictly regulated by Federal law to protect the environment against
radioactive substances.
(d) major Federal actions outside the United States, its territories
and possessions which significantly affect natural or ecological
resources of global importance designated for protection under this
subsection by the President, or, in the case of such a resource
protected by international agreements binding on the United States by
the Secretary of State. Recommendations to the President under this
subsection shall be accompanied by the views of the Council of
Environmental Quality and the Secretary of State.
2-4 Applicable Procedures.
(a) There are the following types of documents to be used in
connection with actions described in Section 2-3;
(i) environmental impact statements (including generic program and
specific statements);
(ii) bilateral or multilateral environmental studies, relevant or
related to the proposed action, by the United States and one more
foreign nations, or by an international body or organization in which
the United States is a member or participant; or
(iii) concise reviews of the environmental, issues involved,
including environmental assessments, summary environmental analyses or
other appropriate documents.
(b) Agencies shall in their procedures provide for preparation of
documents described in Section 2-4(a), with respect to actions described
in Section 2-3 as follows:
(i) for effects described in Section 2-3(a), an environmental impact
statement described in Section 2-4(a)(1).
(ii) for effects described in Section 2-3(b), a document described in
Section 2-4(a)(ii) or (iii), as determined by the agency;
(iii) for effects described in Section 2-3(c), a document described
in Section 2-4(a)(ii) or (iii), as determined by the agency;
(iv) for effects described in Section 2-3(d), a document described in
Section 2-4(a)(i), (ii) or (iii), as determined by the agency. Such
procedures may provide that an agency need not prepare a new document
when a document described in Section 2-4(a) already exists.
(c) Nothing in this Order shall serve to invalidate any existing
regulations of any agency which have been adopted pursuant to court
order or pursuant to judicial settlement of any case or to prevent any
agency from providing in its procedures for measures in addition to
those provided for herein to further the purpose of the National
Environmental Policy Act and other environmental laws, including the
Marine Protection Research and Sanctuaries Act and the Deepwater Port
Act, consistent with the foreign and national security policies of the
United States.
(d) Except as provided in Section 2-5(b), agencies taking action
encompassed by this Order shall, as soon as feasible, inform other
Federal agencies with relevant expertise of the availability of
environmental documents prepared under this Order.
Agencies in their procedures under Section 2-1 shall make appropriate
provision for determining when an affected nation shall be informed in
accordance with Section 3-2 of this Order of the availability of
environmental documents prepared pursuant to those procedures.
In order to avoid duplication of resources, agencies in their
procedures shall provide for appropriate utilization of the resources of
other Federal agencies with relevant environmental jurisdiction or
expertise.
2-5 Exemptions and Considerations.
(a) Notwithstanding Section 2-3, the following actions are exempt
from this Order;
(i) actions not having a significant effect on the environment
outside the United States as determined by the agency;
(ii) actions taken by the President;
(iii) actions taken by or pursuant to the direction of the President
or Cabinet officer when the national security or interest is involved or
when the action occurs in the course of an armed conflict;
(iv) intelligence activities and arms transfers;
(v) export licenses or permits or export approvals, and actions
relating to nuclear activities except actions providing to a foreign
nation a nuclear production or utilization facility as defined in the
Atomic Energy Act of 1954, as amended, or a nuclear waste management
facility;
(vi) votes and other actions in international conferences and
organizations;
(vii) disaster and emergency relief action.
(b) Agency procedures under Section 2-1 implementing Section 2-4 may
provide for appropriate modifications in the contents, timing and
availability of documents to other affected Federal agencies and
affected nations, where necessary to:
(i) enable the agency to decide and act promptly as and when
required:
(ii) avoid adverse impacts on foreign relations or infringement in
fact or appearance of other nations, sovereign responsibilities, or
(iii) ensure appropriate reflection of:
(1) diplomatic factors;
(2) international commercial, competitive and export promotion
factors;
(3) needs for governmental or commercial confidentiality;
(4) national security considerations;
(5) difficulties of obtaining information and agency ability to
analyze meaning-fully environmental effects of a proposed action; and
(6) the degree to which the agency is involved in or able to affect a
decision to be made.
(c) Agency procedure under Section 2-1 may provide for categorical
exclusions and for such exemptions in addition to those specified in
subsection (a) of this Section as may be necessary to meet emergency
circumstances, situations involving exceptional foreign policy and
national security sensitivity and other such special circumstances. In
utilizing such additional exemptions agencies shall, as soon as
feasible, consult with the Department of State and the Council on
Environmental Quality.
(d) The provisions of Section 2-5 do not apply to actions described
in Section 2-3(a) unless permitted by law.
Sec. 3.
3-1. Rights of Action.
This Order is solely for the purpose of establishing internal
procedures for Federal agencies to consider the significant effects of
their actions on the environment outside the United States, its
territories and possessions, and nothing in this Order shall be
construed to create a cause of action.
3-2. Foreign Relations.
The Department of State shall coordinate all communications by
agencies with foreign governments concerning environmental agreements
and other arrangements in implementation of this Order.
3-3. Multi-Agency Actions.
Where more than one Federal agency is involved in an action or
program, a lead agency, as determined by the agencies involved, shall
have responsibility for implementation of this Order.
3-4. Certain Terms.
For purposes of this Order, "environment" means the natural and
physical environment and excludes social, economic and other
environments; and an action significantly affects the environment if it
does significant harm to the environment even though on balance the
agency believes the action to be beneficial to the environment. The term
"export approvals" in Section 2-5(a)(v) does not mean or include direct
loans to finance exports.
3-5. Multiple Imports.
If a major Federal action having effects on the environment of the
United States or the global commons requires preparation of an
environmental impact statement, and if the action also has effects on
the environment of a foreign nation, an environmental impact statement
need not be prepared with respect to the effects on the environment of
the foreign nation.
/s/ Jimmy Carter
THE WHITE HOUSE
January 4, 1979
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