US (United States) Code. Title 42. Chapter 55: National evironmental policy

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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42 USC CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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Sec.

4371. Congressional findings, declarations, and purposes.

4372. Office of Environmental Quality.

(a) Establishment; Director; Deputy Director.

(b) Compensation of Deputy Director.

(c) Employment of personnel, experts, and

consultants; compensation.

(d) Duties and functions of Director.

(e) Authority of Director to contract.

4373. Referral of Environmental Quality Reports to standing

committees having jurisdiction.

4374. Authorization of appropriations.

4375. Office of Environmental Quality Management Fund.

(a) Establishment; financing of study contracts and

Federal interagency environmental projects.

(b) Study contract or project initiative.

(c) Regulations.

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42 USC Sec. 4371 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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Sec. 4371. Congressional findings, declarations, and purposes

-STATUTE-

(a) The Congress finds -

(1) that man has caused changes in the environment;

(2) that many of these changes may affect the relationship

between man and his environment; and

(3) that population increases and urban concentration

contribute directly to pollution and the degradation of our

environment.

(b)(1) The Congress declares that there is a national policy for

the environment which provides for the enhancement of environmental

quality. This policy is evidenced by statutes heretofore enacted

relating to the prevention, abatement, and control of environmental

pollution, water and land resources, transportation, and economic

and regional development.

(2) The primary responsibility for implementing this policy rests

with State and local government.

(3) The Federal Government encourages and supports implementation

of this policy through appropriate regional organizations

established under existing law.

(c) The purposes of this chapter are -

(1) to assure that each Federal department and agency

conducting or supporting public works activities which affect the

environment shall implement the policies established under

existing law; and

(2) to authorize an Office of Environmental Quality, which,

notwithstanding any other provision of law, shall provide the

professional and administrative staff for the Council on

Environmental Quality established by Public Law 91-190.

-SOURCE-

(Pub. L. 91-224, title II, Sec. 202, Apr. 3, 1970, 84 Stat. 114.)

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REFERENCES IN TEXT

Public Law 91-190, referred to in subsec. (c)(2), is Pub. L.

91-190, Jan. 1, 1970, 83 Stat. 852, as amended, known as the

National Environmental Policy Act of 1969, which is classified

generally to chapter 55 (Sec. 4321 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 4321 of this title and Tables.

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SHORT TITLE

Section 201 of Pub. L. 91-224 provided that: "This title

[enacting this chapter] may be cited as the 'Environmental Quality

Improvement Act of 1970'."

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42 USC Sec. 4372 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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Sec. 4372. Office of Environmental Quality

-STATUTE-

(a) Establishment; Director; Deputy Director

There is established in the Executive Office of the President an

office to be known as the Office of Environmental Quality

(hereafter in this chapter referred to as the "Office"). The

Chairman of the Council on Environmental Quality established by

Public Law 91-190 shall be the Director of the Office. There shall

be in the Office a Deputy Director who shall be appointed by the

President, by and with the advice and consent of the Senate.

(b) Compensation of Deputy Director

The compensation of the Deputy Director shall be fixed by the

President at a rate not in excess of the annual rate of

compensation payable to the Deputy Director of the Office of

Management and Budget.

(c) Employment of personnel, experts, and consultants; compensation

The Director is authorized to employ such officers and employees

(including experts and consultants) as may be necessary to enable

the Office to carry out its functions under this chapter and Public

Law 91-190, except that he may employ no more than ten specialists

and other experts without regard to the provisions of title 5,

governing appointments in the competitive service, and pay such

specialists and experts without regard to the provisions of chapter

51 and subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates, but no such

specialist or expert shall be paid at a rate in excess of the

maximum rate for GS-18 of the General Schedule under section 5332

of title 5.

(d) Duties and functions of Director

In carrying out his functions the Director shall assist and

advise the President on policies and programs of the Federal

Government affecting environmental quality by -

(1) providing the professional and administrative staff and

support for the Council on Environmental Quality established by

Public Law 91-190.

(2) assisting the Federal agencies and departments in

appraising the effectiveness of existing and proposed facilities,

programs, policies, and activities of the Federal Government, and

those specific major projects designated by the President which

do not require individual project authorization by Congress,

which affect environmental quality;

(3) reviewing the adequacy of existing systems for monitoring

and predicting environmental changes in order to achieve

effective coverage and efficient use of research facilities and

other resources;

(4) promoting the advancement of scientific knowledge of the

effects of actions and technology on the environment and

encourage the development of the means to prevent or reduce

adverse effects that endanger the health and well-being of man;

(5) assisting in coordinating among the Federal departments and

agencies those programs and activities which affect, protect, and

improve environmental quality;

(6) assisting the Federal departments and agencies in the

development and interrelationship of environmental quality

criteria and standards established through the Federal

Government;

(7) collecting, collating, analyzing, and interpreting data and

information on environmental quality, ecological research, and

evaluation.

(e) Authority of Director to contract

The Director is authorized to contract with public or private

agencies, institutions, and organizations and with individuals

without regard to section 3324(a) and (b) of title 31 and section 5

of title 41 in carrying out his functions.

-SOURCE-

(Pub. L. 91-224, title II, Sec. 203, Apr. 3, 1970, 84 Stat. 114;

1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959,

84 Stat. 2085.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 91-190, referred to in subsecs. (a), (c), and (d), is

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, known as

the National Environmental Policy Act of 1969, which is classified

generally to chapter 55 (Sec. 4321 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 4321 of this title and Tables.

The provisions of title 5, governing appointments in the

competitive service, referred to in subsec. (c), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

The General Schedule, referred to in subsec. (c), is set out

under section 5332 of Title 5.

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CODIFICATION

In subsec. (e), "section 3324(a) and (b) of title 31" substituted

for reference to section 3648 of the Revised Statutes (31 U.S.C.

529) on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96

Stat. 1067, the first section of which enacted Title 31, Money and

Finance.

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TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1,

1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title

5, Government Organization and Employees. Section 102 of Reorg.

Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of

Management and Budget.

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REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

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42 USC Sec. 4373 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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Sec. 4373. Referral of Environmental Quality Reports to standing

committees having jurisdiction

-STATUTE-

Each Environmental Quality Report required by Public Law 91-190

shall, upon transmittal to Congress, be referred to each standing

committee having jurisdiction over any part of the subject matter

of the Report.

-SOURCE-

(Pub. L. 91-224, title II, Sec. 204, Apr. 3, 1970, 84 Stat. 115.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 91-190, referred to in text, is Pub. L. 91-190, Jan.

1, 1970, 83 Stat. 852, as amended, known as the National

Environmental Policy Act of 1969, which is classified generally to

chapter 55 (Sec. 4321 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of this title and Tables.

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42 USC Sec. 4374 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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Sec. 4374. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated for the operations

of the Office of Environmental Quality and the Council on

Environmental Quality not to exceed the following sums for the

following fiscal years which sums are in addition to those

contained in Public Law 91-190:

(a) $2,126,000 for the fiscal year ending September 30, 1979.

(b) $3,000,000 for each of the fiscal years ending September

30, 1980, and September 30, 1981.

(c) $44,000 for the fiscal years ending September 30, 1982,

1983, and 1984.

(d) $480,000 for each of the fiscal years ending September 30,

1985 and September 30, 1986.

-SOURCE-

(Pub. L. 91-224, title II, Sec. 205, Apr. 3, 1970, 84 Stat. 115;

Pub. L. 93-36, May 18, 1973, 87 Stat. 72; Pub. L. 94-52, Sec. 1,

July 3, 1975, 89 Stat. 258; Pub. L. 94-298, May 29, 1976, 90 Stat.

587; Pub. L. 95-300, June 26, 1978, 92 Stat. 342; Pub. L. 97-350,

Sec. 1, Oct. 18, 1982, 96 Stat. 1661; Pub. L. 98-581, Sec. 1, Oct.

30, 1984, 98 Stat. 3093.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 91-190, referred to in text, is Pub. L. 91-190, Jan.

1, 1970, 83 Stat. 852, as amended, known as the National

Environmental Policy Act of 1969, which is classified generally to

chapter 55 (Sec. 4321 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of this title and Tables.

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AMENDMENTS

1984 - Cl. (d). Pub. L. 98-581 added cl. (d).

1982 - Cl. (c). Pub. L. 97-350 added cl. (c).

1978 - Pub. L. 95-300 added cls. (a) and (b). Former cls. (a) to

(d), which authorized appropriations of $2,000,000 for fiscal year

ending June 30, 1976, $500,000 for transition period of July 1,

1976 to Sept. 30, 1976, $3,000,000 for fiscal year ending Sept. 30,

1977, and $3,000,000 for fiscal year ending Sept. 30, 1978,

respectively, were struck out.

1976 - Pub. L. 94-298 made changes in structure by designating

existing provisions as cls. (a) and (b) and adding cls. (c) and

(d).

1975 - Pub. L. 94-52 substituted "$2,000,000 for the fiscal year

ending June 30, 1976, and not to exceed $500,000 for the transition

period (July 1, 1976 to September 30, 1976)" for "$1,500,000 for

the fiscal year ending June 30, 1974, and $2,000,000 for the fiscal

year ending June 30, 1975".

1973 - Pub. L. 93-36 substituted provisions authorizing to be

appropriated for operations of the Office of Environmental Quality

and the Council on Environmental Quality $1,500,000 for fiscal year

ending June 30, 1974, and $2,000,000 for fiscal year ending June

30, 1975, for provisions authorizing to be appropriated not to

exceed $500,000 for fiscal year ending June 30, 1970, not to exceed

$750,000 for fiscal year ending June 30, 1971, not to exceed

$1,250,000 for fiscal year ending June 30, 1972, and not to exceed

$1,500,000 for fiscal year ending June 30, 1973.

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42 USC Sec. 4375 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 56 - ENVIRONMENTAL QUALITY IMPROVEMENT

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Sec. 4375. Office of Environmental Quality Management Fund

-STATUTE-

(a) Establishment; financing of study contracts and Federal

interagency environmental projects

There is established an Office of Environmental Quality

Management Fund (hereinafter referred to as the "Fund") to receive

advance payments from other agencies or accounts that may be used

solely to finance -

(1) study contracts that are jointly sponsored by the Office

and one or more other Federal agencies; and

(2) Federal interagency environmental projects (including task

forces) in which the Office participates.

(b) Study contract or project initiative

Any study contract or project that is to be financed under

subsection (a) of this section may be initiated only with the

approval of the Director.

(c) Regulations

The Director shall promulgate regulations setting forth policies

and procedures for operation of the Fund.

-SOURCE-

(Pub. L. 91-224, title II, Sec. 206, as added Pub. L. 98-581, Sec.

2, Oct. 30, 1984, 98 Stat. 3093.)

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