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Digest of Federal Resource Laws
Signed in October 1967, this Executive Order added gender to the list of prohibited forms of discrimination in the Federal Government.
E.O. 11478 prohibits discrimination in Federal employment on the basis of race, color, religion, sex, or national origin.
Signed May 24, 1977, E.O. 11987 requires Federal agencies, to the extent permitted by law, to: restrict the introduction of exotic species into the natural ecosystems on lands and waters owned or leased by the United States; encourage States, local governments, and private citizens to prevent the introduction of exotic species into natural ecosystems of the U.S.; restrict the importation and introduction of exotic species into any natural U.S. ecosystems as a result of activities they undertake, fund, or authorize; and restrict the use of Federal funds, programs, or authorities to export native species for introduction into ecosystems outside the U.S. where they do not occur naturally.
The Secretaries of Agriculture and Interior authorized to allow the importation of exotics and the export of native species if natural ecosystems will not be adversely affected. The Secretary of the Interior, in consultation with the Secretary of Agriculture and the heads of other agencies, is to develop and implement regulations pursuant to the Executive Order.
The purpose of E.O. 11988, signed May 24, 1977, is to prevent Federal agencies from contributing to the "adverse impacts associated with the occupancy and modification of floodplains" and the "direct or indirect support of floodplain development."
In the course of fulfilling their respective authorities, Federal agencies "shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains."
Before proposing, conducting, supporting or allowing an action in a floodplain, each agency is to determine if planned activities will affect the floodplain and evaluate the potential effects of the intended actions on its functions. Agencies shall avoid siting development in a floodplain "to avoid adverse effects and incompatible development in the floodplains,"
Signed on June 29, 1993, E.O. 12852 establishes the President's Council on Sustainable Development, to be composed of members from the public and private sectors who represent industrial, environmental, governmental, and not-for-profit organizations with experience relating to matters of sustainable development. The Council shall advise the President on matters involving sustainable development and recommend a national sustainable development action strategy. The White House Office on Environmental Policy shall obtain funding for the Council from the Department of the Interior or such other sources (including other Federal agencies) as may lawfully contribute to such activities. The Council shall exist for a period of 2 years from the date of this order.
E.O. 12855 amended E.O. 12852 by stating that the Department of the Interior shall, on a reimbursable basis, provide such administrative services for the President's Council on Sustainable Development as may be required.
Signed on February 11, 1994, E.O. 12898 mandates that each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. This order also creates an Interagency Working Group on Environmental Justice to provide guidance to Federal agencies in overcoming these issues.
The purpose of Executive Order 12906, signed on April 11, 1994, is to bring attention to the need for accurate geographic information. This information is critical to promote economic development, improve stewardship of natural resources, and protect the environment. Modern technology now permits improved acquisition, distribution, and utilization of geographic (or geospatial) data and mapping.
The National Performance Review has recommended that the executive branch develop, in cooperation with State, local, and tribal governments, and the private sector, a coordinated National Spatial Data Infrastructure to support public and private sector applications of geospatial data in such areas as transportation, community development, agriculture, emergency response, environmental management, and information technology. The Federal Geographic Data Committee, established by the Office of Management and Budget and chaired by the Secretary of the Department of the Interior or the Secretary's designee, shall coordinate the Federal Government's development of the National Spatial Data Infrastructure.
Signed on January 30, 1995, Executive Order 12948 amends Executive Order 12898, entitled, "Federal Actions To Address Environmental Justice in Minority Populations and Low- Income Populations" by postponing the deadline for the order to March 24, 1995.
Signed on June 7, 1995, E.O. 12962 addresses recreational fishing in the United States. The order mandates that Federal agencies improve the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities by such activities as: Developing and encouraging partnerships between governments and the private sector to advance aquatic resource conservation and enhance recreational fishing opportunities, identifying recreational fishing opportunities that are limited by water quality and habitat degradation and promoting restoration to support viable, healthy, and, where feasible, self-sustaining recreational fisheries, fostering sound aquatic conservation and restoration endeavors to benefit recreational fisheries, supporting outreach programs designed to stimulate angler participation in the conservation and restoration of aquatic systems, and implementing laws under their purview in a manner that will conserve, restore, and enhance aquatic systems that support recreational fisheries.
In addition, this order establishes a National Recreational Fisheries Coordination Council which will oversee the various Federal agencies' actions and programs to ensure that they accomplish the goals set forth in this order. More specifically, the Council will ensure that the social and economic values of healthy aquatic systems that support recreational fisheries are considered by Federal agencies in the course of their actions, reduce duplicative and cost-inefficient programs among Federal agencies involved in conserving or managing recreational fisheries, and share the latest resource information and management technologies to assist in the conservation and management of recreational fisheries.
Finally, within twelve months of the date of this order, the Coordination Council, in cooperation with Federal agencies, States, and Tribes, and after consulting with the Federally chartered Sport Fishing and Boating Partnership Council, shall develop a comprehensive Recreational Fishery Resources Conservation Plan. The plan will set forth a 5-year agenda for Federal agencies to help restore and conserve the recreational fisheries of the United States. Concerning the potential overlap of this order and the Endangered Species Act of 1973 (ESA), all Federal agencies are instructed to aggressively work to identify and minimize conflicts between recreational fisheries and their respective responsibilities under the ESA. Within six months of the date of this order, the Fish and Wildlife Service and the National Marine Fisheries Service will promote compatibility and reduce conflicts between the administration of the ESA and recreational fisheries by developing a joint agency policy that will: (1) ensure consistency in the administration of the ESA between and within the two agencies, (2) promote collaboration with other Federal, State, and Tribal fisheries managers, and (3) improve and increase efforts to inform nonfederal entities of the requirements of the ESA.
Signed on June 27, 1995, Executive Order 12965 extends the life of the Presiden't Council on Sustainable Development until June 29, 1997.
Signed on November 20, 1995, E.O. 12980 increases the number of members on the President's Council on Sustainable Development to twenty-nine.
The purpose of E.O. 12986, signed January 18, 1996, is to extend to the International Union for Conservation of Nature and Natural Resources the privileges and immunities that provide or pertain to immunity from suit under the International Organizations Immunities Act.
Signed on March 25, 1996, Executive Order 12996 spells out the mission of the National Wildlife Refuge System (NWRS) along with establishing guiding principles to help insure the long-term enjoyment of the refuge system for present and future generations. The order directs the Secretary of the Interior to recognize compatible wildlife-dependent recreational activities involving hunting, fishing, wildlife observation and photography, and environmental education/interpretation as priority general public uses on the refuge system.
Signed on March 24, 1996, E.O. 13007 mandates that in managing Federal lands, each executive branch agency with statutory or administrative responsibility for the management of Federal lands shall, to the extent practicable permitted by law, and not clearly inconsistent with essential agency functions, (1) accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and (2) avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, agencies shall maintain the confidentiality of sacred sites.
The purpose of E.O. 13022, signed on November 1, 1996, is to transfer jurisdiction and control of the Midway Islands from the Department of the Navy to the Department of the Interior. The Secretary of the Interior, through the United States Fish and Wildlife Service, shall administer the Midway Islands as the Midway Atoll National Wildlife Refuge for the following purposes: Maintaining and restoring natural biological diversity within the refuge, providing for the conservation and management of fish and wildlife and their habitats within the refuge, fulfilling the international treaty obligations of the United States with respect to fish and wildlife, providing opportunities for scientific research, environmental education, and compatible wildlife dependent recreational activities, and in a manner compatible with refuge purposes, shall recognize and maintain the historic significance of the Midway Islands.
The purpose of E.O. 13053, signed on November 30, 1997, is to amend Executive Order 12852, which established the President's Council on Sustainable Development. The changes made by this order included raising the membership of the council to 35, transferring funding responsibilities from the Department of the Interior to the Department of Energy, and extending the Council's term to February 29, 1999.
E.O. 13061 was signed on September 11, 1997 establishing the American Heritage Rivers initiative. The Initiative has three objectives: natural resource and environmental protection, economic revitalization, and historic and cultural preservation. Executive agencies, to the extent permitted by law and consistent with their missions and resources, shall coordinate Federal plans, functions, programs, and resources to preserve, protect, and restore rivers and their associated resources important to our history, culture, and natural heritage. Agencies are encouraged, to the extent permitted by law, to develop partnerships with State, local, and tribal governments, community and non-governmental organizations. In addition, agencies shall establish a method for field offices to assess the success of the American Heritage River initiative and provide a means to recommend changes that will improve the delivery and accessibility of Federal services and programs.
Signed on April 7, 1998, Executive Order 13080 establishes the American Heritage Rivers Initiative Advisory Committee. The purpose of the Committee is review nominations from communities and recommend to the President up to 20 rivers for consideration for designation as American Heritage Rivers. From the rivers recommended for consideration, the President shall designate ten as American Heritage Rivers.
The purpose of Executive Order 13089, signed on June 11, 1998, is to increase protection of U.S. coral reef ecosystems. This Executive Order mandates that all Federal agencies whose actions may affect U.S. coral reef ecosystems shall: (a) identify their actions that may affect U.S. coral reef ecosystems; (b) utilize their programs and authorities to protect and enhance the conditions of such ecosystems; and (c) to the extent permitted by law, ensure that any actions they authorize, fund, or carry out will not degrade the conditions of such ecosystems. In addition, these Federal agencies shall, subject to the availability of appropriations, provide for the implementation of measures needed to research, monitor, manage, and restore affected ecosystems, including measures reducing impacts from pollution, sedimentation, and fishing. These measures shall be developed in cooperation with the U.S. Coral Reef Task Force and fishery management councils and in consultation with affected States, territorial, commonwealth, tribal, and local government agencies, non-governmental organizations, the scientific community, and commercial interests.
The Secretary of the Interior and the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall co-chair the U.S. Coral Reef Task Force. The Task Force shall oversee implementation of the policy and Federal agency responsibilities set forth in this order, and shall guide and support activities under the U.S. Coral Reef Initiative. Among other duties, the Coral Reef Task Force, in cooperation with State, territory, commonwealth, local governments, and other organizations, coordinate a comprehensive program to map and monitor U.S. coral reefs, perform research aimed at identifying the major causes and consequences of degradation of coral reef ecosystems, and shall develop, recommend, and seek or secure implementation of measures necessary to reduce and mitigate coral reef ecosystem degradation and to restore damaged coral reefs.
The purpose of Executive Order 13093, signed on July 27, 1998, is to increase the number of rivers that the President may designate as American Heritage Rivers to twenty.
The purpose of Executive Order 13112, signed on February 3, 1999, is to prevent the introduction of invasive species and provide for their control, as well as to minimize the economic, ecological, and human health impacts that invasive species cause.
Under this Executive Order Federal agencies whose actions may affect the status of invasive species shall: (1) identify such actions, (2) use relevant programs and authorities to prevent, control, monitor, and research such species, and (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere. Federal agencies shall pursue these duties in consultation with the Invasive Species Council, consistent with the Invasive Species Management Plan. This order also establishes an Invasive Species Council, which will provide national leadership regarding invasive species. The Council shall oversee the implementation of this order and see that the Federal agency activities concerning invasive species are coordinated, complementary, cost-efficient, effective, and rely on existing organizations already in place that address invasive species issues. Within 18 months after issuance of this order, the Council shall prepare and issue the first edition of a National Invasive Species Management Plan, which shall detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species.
Executive Order 13114, signed on February 25, 1999, extends the life of the President's Council on Sustainable Development until June 30, 1999.
Executive Order 13186, signed on January 10, 2001, directs each Federal agency taking actions that are likely to have a measureable effect on migratory bird populations to develop and implement a Memorandum of Understanding (MOU) with the U.S. Fish and Wildlife Service that shall prmote the conservation of migratory bird populations.
Order 13302, signed on May 15, 2003, orders provisions under Section 3 of Executive
1. Monitor and assist the agencies in thier efforts to expedite thier reviews of permits or similar actions, as necessary, to accelerate the completion of energy-related projects (including pipeline safety projects), increase energy production and conservation and improve the transmission of energy.
2. Monitor and assist agencies in setting up appropriate mechanisms to coordinate federal, state, tribal, and local permitting in geographic areas where increased permitting activity has been expected.
3. Perform the functions of the interagency committee for which section 60133 of Title 49 (U.S.C.) provides.
Section 3(b) Names the Secretary of Interior (among others) and "such other heads of agencies as the Chairman of the Council on Environmental Quality may designate" as members of the Interagency Task Force.
Executive Order 13308 was signed on June 24, 2003. Under the Comprehensive Enironmental Response, Compensation, and Liability Act of 1980 and Executive Order 12580 (January 23, 1987), this Executive Order added a subsection (g) to section 5 of the 1987 Executive:
"(g) Subject to subsection (f) of this Section, the functions vested in the President by Section 107(o) and (p) of the Act are delegated to the Administrator shall make such determinations in consultation with the appropriate Federal natural resource trustee."
Executive Order 13337 was signed on April 30, 2004. The Executive Order states: to further the policy stated in Executive Order 13212 (May 18, 2001), as amended, "to expedite reviews of permits as necessary to accelerate the completion of energy production and transmission projects, and to provide a systematic method for evaluating and permitting the construction and maintenance of certain border crossings for land transportation... while maintaining safety, public health, and environmental protections."
Section 1 (b) states that, upon receipt of the completed application pursuant to paragraph (a) of this section the Secretary of State shall:
1. "Request additional information needed from the applicant, as appropriate, before referring the application to other agencies pursuant to paragraph (b) (ii) of this section.
2. Refer the application and pertinent information to, and request the views of, the Secretary of Defense, the Attorney General, the Secretary of the Interior... the Administrator of the Environmental Protection Agency, or the heads of the deaprtments or agencies in which the relevant authorities or responsibilities of the foregoing are subsequently conferred or transferred, and, for applications concerning the border with Mexico, the U.S. Commissioner of the International Boundary and Water Commission; and
3. Refer the application and pertinent information to, and request the views of, such other Federal Government department and agency heads as the Secretary of State deems appropriate."
Executive Order 13340 was signed on May 18, 2004. Section 3(a) creates the Great Lakes Interagency Task Force (within the Environmental Protection Agency 'for administrative purposes") and includes the Secretary of Interior as a member (section 3(b)). Among the numerous purposes stated (section 3(a) for the Task force is to:
(iv) Develop outcome-based goals for the Great Lakes system relying upon, among other things, exisiting data and science-based indicators of water quality and related environmental factors. These goals shall focus on outcomes such as cleaner water, sustainable fish, and biodiversity of the Great Lakes as system and ensure that Federal policies, strategies, and priorities support measurable results.
(viii) Ensure coordinated government development and implementation of the Great Lakes portion of the Global Earth Observation System of Systems.
Section 3(b) establishes a "Great Lakes Regional Working Group" within the Task Force:
(ii) "composed of the appropriate regional administrator or director with programmatic responsibility for the Great Lakes system for each agency represented on the Task Force including... the United States Fish and Wildlife Service, National Park Service and United States Geological Survey within the Department of the Interior."
Executive Order 13341: Further Amendment to Executive Order 11023, Providing for the Performance by the Sec. of Commerce of Certain functions relating to the National Oceanic and Atmospheric Administration
Executive Order 13341 was signed on May 30, 2004. The Order made numerous conforming amendments to Executive Order 11023 (May 28, 1962), in response to the enactment of the NOAA Commissioned Officer Corps Act of 2002 (Public Law 107-372)
The Executive Order 13345 was signed on July 8, 2004. Under the authority of the Agriculutral Trade Development and Assistance Act of 1954 and the Foreign Assistance Act of 191, shifted numerous functions from the President to the Secretary of the Treasury (Section 1) and the Secretary of State (Section 2)
Section 4 (a) (iv)designated "the designee of the Secretary of the Interior" to serve as a representative on the Enterprise for the Americas Board
Executive Order 13352 was signed on August 26, 2004. Section 1 states that the purpose of the order is to "ensure that the Deapartment of Interior, Agriculture, Commerce, and Defense and the [ EPA] implement laws relating to the environment and natural resources in a manner that promotes cooperative conservation, with an emphasis on appropriate inclusion of local participation in Federal decision making, in accordance with their respective agency missions, policies, and regulations.
Section 2 defines "cooperative conservation" as "actions that relate to use, enhancement, and enjoyment of natural resources, protection of the environment, or both, and that involve collaborative activity among Federal, State, local, and tribal governments, private for profit and non-profit institutions, other nongovernmental entities, and individuals."
Section 3 requires that the Secretary of the Interior (among others) shall, "to the extent permitted by law and subject to the availability of appropriations and in coordination" with other agencies as appropriate:
(A) Implement laws relating to the environment and natural resources in a manner that:
(i) facilitates cooperative conservation
(B) Report annually to the Chairman of the Council on Environmental Quality on actions taken to implement this order
(C) Provide funding to the Office of Environmental Quality Management Fund for the Conference fro which Section 4 of this order provides.
Section 4 provides for a conference to be convened by the Chairman of the Council on Environmental Quality not later than one year after the date of this order.
Executive Order 13359 was signed on October 20, 2004. Section 1 amends Section 1 (b) of Executive Order 13173 to specify the membership of the Interagency Task Force on the Economic Development of the Central San Joaquin Valley, which includes the Secretary of Interior. It also directs each Federal department and agency, as appropriate, to designate one staff person, for the years 2004-2006, to work on issues of the Task Force and to ensure the participation of the staff person's department or agency in the operations of the Task Force.
Section 2 amends Section 1 (c)(i) of Executive Order 13173 by inserting the word "regulations" after "analyze"
Order 13366 was signed
on December 17, 2004. Section 1 states that it shall be the policy
of the United States to:
Section 2 defonmes "ocean related matters" as those "involving the ocean, the Great Lakes, the coasts of the United States (including its territories and possessions), and related seabed, subsoil, and natural resources.
Section 4 outlines the functions of the Committee, which are primarily informational and administrative.