« ForrigeFortsett »
241–242), and June 6, 1924 (43 Stat. 465; 48 U.S.C., secs. 221–228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: Provided, That the administration and management of the fish and wildlife resources of Alaska shall be retained by the Federal Government under existing laws until the first day of the first calendar year following the expiration of ninety calendar days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate provision for the administration, management, and conservation of said resources in the broad national interest: Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection there. with, or in connection with general research activities relating to fisheries or wildlife. Sums of money that are available for apportionment or which the Secretary of the Interior shall have apportioned as of the date the State of Alaska shall be deemed to be admitted into the Union, for wildlife restoration in the Territory of Alaska, pursuant to section 8(a) of the Act of September 2, 1937, as amended (16 U.S.C., sec. 6698-1), and for fish restoration and management in the Territory of Alaska, pursuant to section 12 of the Act of August 9, 1950 (16 U.S.C., sec. 777k), shall continue to be available for the period, and under the terms and conditions in effect at the time, the apportionments are made. Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea otter skins made in accordance with the provisions of the Fur Seal Act of 1966 (section 1151 et seq. of Title 16, Conservation). In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the Fur Seal Act of 1966, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands, and the payments made to any municipal corporation established pursuant to section 206 of the Fur Seal Act of 1966 (section 1166 of title 16) and to the civil service retirement and disability fund pursuant to section 208 of the Fur Seal Act of 1966 section (1168 of title 16.] In administering the Pribilof Islands fund established by section 407 of the Fur Seal Act of 1966 (section 1187 of title 16), the Secretary shall consult with the State of Alaska annually. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Fur Seal Act of 1966 and the Northern Pacific Hallbut Act of 1937 (16 U.S.C. 772—7721)." (As amended Pub. L. 89-702, title IV, § 408(b), Nov. 2, 1966, 80 Stat. 1098.)
"(f) Five per centum of the proceeds of sale of public lands lying within said State which shall be cold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such cales, shall be paid to said State to be used for the support of the public schools within said State.
"(g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of Alaska by this Act shall be selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. . All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection or, in the case of selections under subsec. (a) of this section, one hundred and sixty acres. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of
Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the preferred right of application created by section 4 of the Act of September 27, 1944 (58 Stat. 748; 43 U.S.C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. Where any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such selected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundaries of the area requested shall conform to the public land subdivisions established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this Act shall be patented to the State by the Secretary of the Interior. Following the selection of lands by the State and the tentative approval of such selection by the Secretary of the Interior or his designee, but prior to the issuance of final patent, the State is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words 'equitable claims subject to allowance and confirmation' include, without limitation, claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands.
“(h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 920 (41 Stat. 437; 30 U.S.C. 181 and the following), as ainended, or under the Alaska Coal Leasing Act of October 20, 1914 (38 Stat. 741; 30 U.S.C.: 432 and the following), as amended, shall have the effect of withdrawing the lands subject thereto from selection by the State of Alaska under this Act, unless an application to select such lands is filed with the Secretary of the Interior within a period of ten years after the date of the admission of Alaska into the Union. Such selections shall be made only from lands that are otherwise open to selection under this Act. When all of the lands subject to a lease, permit, license, or contract are selected, the patent for the lands so selected shall vest in the State of Alaska all the right, title, and interest of the United States in and to that lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all the rentals, royalties, and other payments accruing after that date under that lease, permit, license. or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of that lease, permit, license, or contract: Provided, That nothing herein contained shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder. Where only a portion of the lands subject to a lease, permit, license, or contract are selected, there shall be reserved to the United States the mineral or minerals subject to that lease, permit, license, or contract, together with such further rights as may be necessary to the full and complete enjoyment of all rights, privileges, and benefits under or with respect to that lease, permit, license, or contract; upon the termination of the lease, permit, license, or contract, title to the minerals so reserved to the United States shall pass to the State of Alaska."
“(1) All grants made or confirmed under this Act shall include mineral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain a reservation to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: Provided, That any lands or minerals hereafter disposed of contrary to the
1 So in original. Probably should read “48 U.S.C.".
provisions of this section shall be forfelted to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States District Court for the District of Alaska.
“(1) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental subdivisions, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university,
“(k) Grants previously made to the Territory of Alaska are hereby confirmed and transferred to the State of Alaska upon its admission. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U.S.C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C., sec. 191), as amended, are repealed and all lands therein reserved under the provisions of section 1 as of the date of this Act (July 7, 1958) shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any outstanding lease, permit, license, or contract Issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or con
tract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal.
“(2) The grants provided for in this Act shall be in lieu of the grant of land for purposes of internal improvements made to new States by section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U.S.C., sec. 857), and in lieu of the swampland grant made by the Act of September 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U.S.C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C., secs. 301-308), which grants are hereby declared not to extend to the State of Alaska.
"(m) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) shall be applicable to the State of Alaska and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86–70, $ 2(b). June 25, 1959, 73 Stat. 141; Pub. L. 86–173, Aug. 18, 1959, 73 Stat. 395; Pub. L. 86–786, $$ 3, 4, Sept. 14, 1960, 74 Stat. 1025; Pub. L. 88– 135, Oct. 8, 1963, 77 Stat. 223; Pub. L. 88–289, Mar. 25, 1964, 78 Stat. 169.)"
ENVIRONMENTAL QUALITY, GENERAL
1. National Environmental Policy Act
42 U.S.C. 4321-4347
Sec. 4321. Congressional declaration of purpose.
SUBCHAPTER 1.-POLICIES AND GOALS 4331. Congressional declaration of national environmen
tal policy. 4382. Cooperation of agencies; reports; avallability of in
formation; recommendations; International and
national coordination of efforts. 4333. Conformity of administrative procedures to na
tional environmental policy. 4334. Other statutory obligations of agencies. 4335. Efforts supplemental to existing authorizations.
SUBCHAPTER 1.-COUNCIL ON ENVIRON.
MENTAL QUALITY 4341. Reports to Congress; recommendations for legis
lation. 4342. Establishment; membership: Chairman; appoint
ments. 4343. Employment of personnel, experts and consultants. 4344. Duties and functions. 4345. Consultation with the Citizen's Advisory Commit
tee on Environmental Quality and other
representatives. 4346. Tenure and compensation of members. 4347. Authorization of appropriation.
§ 4321. Congressional declaration of purpose.
The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. (Pub. L. 91-190, $ 2, Jan. 1, 1970, 83 Stat. 852.)
SHORT TITLE Section 1 Pub. L. 91-190 provided: "That this Act (enacting this chapter] may be cited as the 'National Environmental Policy Act of 1969'." TERMINATION OF CABINET COMMITTEE ON THE ENVIRONMENT
The Cabinet Committee on the Environment was terminated and its funotions transferred to the Domestic Council, see section 2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, set out as a note under section 16 of Title 31, Money and Finance. EX. ORD. No. 11472. CABINET COMMITTEE ON THE ENVIRON
MENT AND CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, as amended by Ex. Ord. No. 11514, Mar. 5, 1970, 35 FR. 4247, provided:
By virtue of the authority vested in me as President of the United States, it is ordered as follows:
PART I. CABINET COMMITTEE ON THE ENVIRONMENT Section 101. Establishment of the Cabinet Committee. (a) There is hereby established the Cabinet Committee on the Environment (hereinafter referred to as "the Cabinet Committee").
(b) The President of the United States shall preside over meetings of the Cabinet Committee. The Vice President shall preside in the absence of the President.
(c) The Cabinet Committee shall be composed of the following members:
The Vice President of the United States
Secretary of Transportation and such othe heads of departments and agencies and others as the President may from time to time direct.
(d) Each member of the Cabinet Committee may designato an alternate, who shall serve as a member of the Cabinet Committee whenever the regular member is unable to attend any meeting of the Cabinet Committee.
(e) When matters which affect the interest of Federal agencies the heads of which are not members of the Cabinet Committee are to be considered by the Cabinet Committee, the President or his representative may invite such agency heads or their alternates to participate in the dellberations of the Cabinet Committee.
(1) The Director of the Bureau of the Budget (now the Director of the Office of Management and Budget), the Director of the Office of Science and Technology. tho Chairman of the Council of Economic Advisers, and the Executive Secretary of the Council for Urban Affairs or their representatives may participate in the deliberations of the Cabinet Committee on the Environment as observers.
(8) The Chairman of the Council on Environmental Quality (established by Public Law 91-190) (this chapter) shall assist the President in directing the affairs of the Cabinet Committee.
Sec. 102. Functions of the Cabinet Committee. (a) The Cabinet Committee shall advise and assist the President with respect to environmental quality matters and shall perform such other related duties as the President may from time to time prescribe. In addition thereto, the Cabinet Committee is directed to:
(1) Recommend measures to ensure that Federal pollcles and programs, including those for development and conservation of natural resources, take adequate account of environmental effects.
(2) Review the adequacy of existing systems for monttoring and predicting environmental changes so as to achieve effective coverage and efficient use of facilities and other resources,
(3) Foster cooperation between the Federal Government, State and local governments, and private organizations in environmental programs.
(4) Seek advancement of scientific knowledge of changes in the environment and encourage the development of technology to prevent or minimize adverse effects that endanger man's health and well-being.
(5) Stimulate public and private participation in programs and activities to protect against pollution of the Nation's air, water, and land and its living resources.
(6) Encourage timely public disclosure by all levels of government and by private parties of plans that would affect the quality of environment.
(7) Assure assessment of new and changing technologies for their potential effects on the environment.
(8) Facilitate coordination among departments and agencies of the Federal Government in protecting and improving the environment.
(b) The Cabinet Committee shall review plans and actions of Federal agencies affecting outdoor recreation and natural beauty. The Cabinet Committee may conduct studies and make recommendations to the President on matters of policy in the fields of outdoor recreation and natural beauty. In carrying out the foregoing provisions of this subsection, the Cabinet Committee shall, as far as may be practical, advise Federal agencies with respect to the effect of their respective plans and programs on recreation and natural beauty, and may suggest to such
Sec. 302. Prior bodies and orders. The President's Council on Recreation and Natural Beauty and the Citizens' Advisory Committee on Recreation and Natural Beauty are hereby terminated and the following are revoked:
(1) Executive Order No. 11278 of May 4, 1966.
agencies ways to accomplish the purposes of this order. For the purposes of this order, plans and programs may include, but are not limited to, those for or affecting: (1) Development, restoration, and preservation of the beauty of the countryside, urban and suburban areas, water resources, wild rivers, scenic roads, parkways and highways, (2) the protection and appropriate management of scenic or primitive areas, natural wonders, historic sites, and recreation areas, (3) the management of Federal land and water resources, including fish and wildlife, to enhance natural beauty and recreational opportunities consistent with other essential uses, (4) cooperation with the States and their local subdivisions and private organizations and individuals in areas of mutual Interest, (5) interstate arrangements, including Federal participation where authorized and necessary, and (6) leadership in a nationwide recreation and beautification effort.
Sec. 103. Coordination. The Secretary of the Interior may make available to the Cabinet Committee for coordination of outdoor recreation the authorities and resources available to him under the Act of May 28, 1963, 77 Stat. 49 (section 4601 et seq. of this title), to the extent permitted by law, he may make such authorities and resources available to the Cabinet Committee also for promoting such coordination of other matters assigned to the Cabinet Committee by this order. Sec. 104.
Assistance for the Cabinet Committee. In compliance with provisions of applicable law, and as necessary to serve the purposes of this order, (1) the Council on Environmental Quality (established by Public Law 91-190) (this chapter) shall provide or arrange for necessary administrative and staff services, support, and facilitles for the Cabinet Committee, and (2) each department and agency which has membership on the Cabinet Committee under Section 101(c) hereof shall furnish the Cabinet Committee such information and other assistance as may be available. PART II. CITIZENS' ADVISORY COMMITTEE ON
ENVIRONMENTAL QUALITY Sec. 201. Establishment of the Committee. There is hereby established the Citizens' Advisory Committee on Environmental Quality (hereinafter referred to as the "Citizens' Committee").
The Citizens' Committee shall be composed of a chairman and not more than 14 other members appointed by the President. Appointments to membership on the Citizens' Committee shall be for staggered terms, except that the chairman of the Citizens' Committee shall serve until his successor is appointed.
Sec. 202. Functions of the Citizens' Committee. The Citizens' Committee shall advise the President and the Cabinet Committee on matters assigned to the Cabinet Committee by the provisions of this order.
Sec. 203. Expenses. Members of the Citizens' Committee shall receive no compensation from the United States by reason of their services under this order but shall be entitled to receive travel and expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5701-5708) (sections 5701-5708 of Title 5, Government Organization and Employees) for persons in the Government service employed intermittently.
Sec. 204. Continuity. Persons who on the date of this order are members of the Citizens' Advisory Committee on Recreation and Natural Beauty established by Executive Order No. 11278 of May 4, 1966, as amended, shall, until the expirations of their respective terms and without further action by the President, be members of the Citizens' Committee established by the provisions of this Part in lieu of an equal number of the members provided for in section 201 of this order.
Ex. ORD. No. 11514. PROTECTION AND ENHANCEMENT OF
ENVIRONMENTAL QUALITY Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, provided:
By virtue of the authority vested in me as President of the United States and in furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law No. 91–190, approved January 1, 1970) (this chapter), 1t is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide leadership in protecting and enhancing the quality of the Nation's environment to sustain and enrich human life. Federal agencies shall initiate measures needed to direct their policies, plans and programs so as to meet national environmental goals. The Council on Environmental Quality, through the Chairman, shall advise and assist the President in leading this national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with Title I of the National Environmental Policy Act of 1969 (sections 4331-4335 of this Title), hereafter referred to as the “Act", the heads of Federal agencies shall:
(a) Monitor, evaluate, and control on a continuing basis their agencies' activities so as to protect and enhance the quality of the environment. Such activities shall include those directed to controlling pollution and enhancing the environment and those designed to accomplish other program objectives which may affect the quality of the environment. Agencies shall develop programs and measures to protect and enhance environmental quality and shall assess progress in meeting the specific objectives of such activities. Heads of agencies shall consult with appropriate Federal State and local agencies in carrying out their activities as they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practiceble provision of timely public information and understanding of Federal plans and programs with environmental impact in order to obtain the views of interested parties. These procedures shall include, whenever appropriate, provision for public hearings, and shall provide the public with relevant information, including information on alternative courses of action, Federal agencies shall also encourage State and local agencies to adopt similar procedures for informing the public concerning their activities affecting the quality of the environment.
(c) Insure that information regarding existing or potential environmental problems and control methods developed as part of research, development, demonstration, test, or evaluation activities is made available to Federal agencies, States, counties, municipalities, institutions, and other entities, as appropriate.
(d) Review their agencies' statutory authority, adminis. trative regulations, policies, and procedures, including those relating to loans, grants, contracts, leases, licenses, or permits, in order to identify any deficiencies or inconsistencies therein which prohibit limit full compliance with the purposes and provisions of the Act. A report on this review and the corrective actions taken or planned, including such measures to be proposed to the President as may be necessary to bring their authority and policies into conformance with the intent, purposes, and procedures of the Act, shall be provided to the Council on Environmental Quality not later than September 1, 1970.
(e) Engage in exchange of data and research results, and cooperate with agencies of other governments to foster the purposes of the Act.
(1) Proceed, in coordination with other agencies, with actions required by section 102 of the Act (section 4332 of this title]
Sec. 3. Responsibilities of Council on Environmental Quality. The Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activi. ties of the Federal Government directed to the control of
PART III. GENERAL PROVISIONS Sec. 301. Construction. Nothing in this order shall be construed as subjecting any department, establishment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner.
pollution and the enhancement of the environment and to the accomplishment of other objectives which affect the quality of the environment. This shall include continuing review of procedures employed in the development and enforcement of Federal standards affecting environmental quality. Based upon such evaluations the Council shall, where appropriate, recommend to the President policies and programs to achieve more effective protection and enhancement of environmental quality and shall, where appropriate, seek resolution of significant environmental issues.
(b) Recommend to the President and to the agencies priorities among programs designed for the control of pollution and for enhancement of the environment.
(c) Determine the need for new policies and programs for dealing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings or conferences on issues of environmental significance.
(e) Promote the development and use of indices and monitoring systems (1) to assess environmental conditions and trends, (2) to predict the environmental impact of proposed public and private actions, and (3) to determine the effectiveness of programs for protecting and enhancing environmental quality.
(1) Coordinate Federal programs related to environmental quality.
(8) Advise and assist the President and the agencies in achieving international cooperation for dealing with environmental problems, under the foreign policy guidance of the Secretary of State.
(h) Issue guidelines to Federal agencies for the preparation of detailed statements on proposals for legislation and other Federal actions affecting the environment, as required by section 102(2)(C) of the Act (section 4332 (2) (C) of this title).
(1) Issue such other instructions to agencies, and request such reports and other information from them, as may be required to carry out the Council's responsibilities under the Act.
(1) Assist the President in preparing the annual Environmental Quality Report provided for in section 201 of the Act (section 4341 of this title).
(k) Foster Investigations, studies, surveys, research, and analyses relating to (1) ecological systems and environmental y, (11) the impact of new and changing technologies thereon, and (111) means of preventing or reducing adverse effects from such technologies.
SEC. 4. Amendments of E.O. 11472. Executive Order No. 11472 of May 29, 1969, including the heading thereof, is hereby amended:
(1) By substituting for the term "the Environmental Quality Council", wherever It occurs, the following: "the Cabinet Committee on the Environment".
(2) By substituting for the term "the Council", whereever it occurs, the following: "the Cabinet Committee".
(3) By inserting in subsection (1) of section 101, after "Budget.", the following: "the Director of the Office of Science and Technology.".
(4) By substituting for subsection (8) of section 101 the following:
"(8) The Chairman of the Council on Environmental Quality (established by Public Law 91–190) (this chapter) shall assist the President in directing the affairs of the Cabinet Committee."
(5) By deleting subsection (c) of section 102.
(6) By substituting for "the Office of Science and Technology", in section 104, the following: "the Council on Environmental Quality (established by Public Law 91-190) (this chapter)".
(7) By substituting for "(hereinafter referred to as the 'Committee')", in section 201, the following: "(hereinafter referred to as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever It occurs, the following: "the Citizens' Committee".
RICHARD NIXON EX ORD. No. 11523. NATIONAL INDUSTRIAL POLLUTION
CONTROL COUNCIL Ex. Ord. No. 11523, Apr. 9, 1970, 35 F.R. 5993, provided : By virtue of the authority vested in me as President
of the United States, and in furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law 91–190, approved January 1, 1970) (this chapter), it is ordered as follows:
SECTION 1. Establishment of the Council. (a) There is hereby established the National Industrial Pollution Control Council (hereinafter referred to as "the Industrial Council") which shall be composed of a Chairman, a Vice-chalrman, and other representatives of business and industry appointed by the Secretary of Commerce (hereinafter referred to as "the Secretary").
(b) The Secretary, with the concurrence of the Chairman, shall appoint an Executive Director of the Industrial Council.
Sec. 2. Functions of the Industrial Council. The Industrial Council shall advise the President and the Chairman of the Council on Environmental Quality, through the Secretary, on programs of industry relating to the quality of the environment. In particular, the Industrial Council may
(1) Survey and evaluate the plans and actions of industry in the field of environmental quality.
(2) Identify and examine problems of the effects on the environment of industrial practices and the needs of industry for improvements in the quality of the environment, and recommend solutions to those problems.
(3) Provide liaison among members of the business and industrial community on environmental quality matters.
(4) Encourage the business and industrial community to improve the quality of the environment.
(5) Advise on plans and actions of Federal, State, and local agencies involving environmental quality policies affecting industry which are referred to it by the Secretary, or by the Chairman of the Council on Environmental Quality through the Secretary.
SEC. 3 Subordinate Committees. The Industrial Council may establish, with the concurrence of the Secretary, such subordinate committees as it may deem appropriate to assist in the performance of its functions. Each subordinate committee shall be headed by a chairman appointed by the Chairman of the Industrial Council with the concurrence of the Secretary.
SEC. 4. Assistance for the Industrial Council. In compliance with applicable law, and as necessary to serve the purposes of this order, the Secretary shall provide or arrange for administrative and staff services, support, and facilities for the Industrial Council and any of its subordinate committees.
Sec. 5. Expenses. Members of the Industrial Council or any of its subordinate committees shall receive no compensation from the United States by reason of their services hereunder, but may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently.
Sec. 6. Regulations. The provisions of Executive Order No. 11007 of February 26, 1962 (3 CFR 573) (set out as a note under section 901 of Title 5) prescribing regulations for the formation and use of advisory committees, are hereby made applicable to the Industrial Council and each of its subordinate committees. The Secretary may exercise the discretionary powers set forth in that order.
Sec. 7. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency to the authority of any other Federal agency or of the Industrial Council or of any of its subordinate committees, or as abrogating or restricting any such function in any manner.
RICHARD NIXON REORGANIZATION PLAN NO. 3 OF 1970
Eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. Prepared by the President and transmitted to the Senate
and the House of Representatives in Congress assembled, July 9, 1970, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code.
ENVIRONMENTAL PROTECTION AGENCY
SECTION 1. ESTABLISHMENT OF AGENCY (a) There is hereby established the Environmental Protection Agency, hereinafter referred to