Overview.  NEPA declares it a national policy to encourage productive and enjoyable harmony between man and the environment and promote efforts to better understand and prevent damage to ecological systems and natural resources important to the nation. Agencies are required to prepare a detailed environmental impact statement for any major federal action significantly affecting the environment. The Act also establishes the Council on Environmental Quality to review government policies and programs for conformity with NEPA. (See the summary of the Environmental Quality Improvement Act of 1970 for a description of the Office of Environmental Quality, created to support the Council.)

Findings/Policy.  In recognizing the profound impact of man's activity on the natural environment, Congress declared that it is the continuing responsibility of the federal government, in cooperation with state and local governments and other concerned organizations, to use all practicable means to create and maintain conditions under which man and nature can exist in productive harmony and to fulfill the social, economic and other requirements of present and future generations. §§ 4321 and 4331.

Environmental Impact Statements. To meet the government's responsibility, Congress requires that all federal agencies include a detailed environmental impact statement (EIS) in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment. An EIS must include an examination of the environmental impacts of the proposed action, any unavoidable adverse environmental effects and alternatives available to the proposed action. Agencies must examine and include the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Prior to preparing an EIS, the agency must consult with other federal agencies having expertise on any environmental impact involved. Copies of the EIS and comments received from federal, state and local agencies that develop and enforce environmental standards must be made available to the public and accompany the proposal through any agency reviews. §§ 4331 and 4332.

State agencies receiving federal grants to fund major federal actions can prepare the EIS on the action, so long as the responsible federal official participates in the preparation and independently evaluates the statement prior to its adoption, and so long as certain other conditions are met. § 4332.

Environmental Quality Report.  The President is required to submit an environmental quality report to Congress annually. The report must include a discussion of:   the status and condition of the major natural, manmade or altered environmental classes of the nation including the air, aquatic and terrestrial environments; current and foreseeable trends in the quality, management and utilization of such environments and the effects of those trends on the social, economic and other requirements of the nation; the adequacy of available natural resources for fulfilling the nation's human and economic requirements based on expected population pressures; a review of programs and activities by local, state and federal government agencies and non-governmental entities in relation to their effect on the environment; a program for remedying the deficiencies of existing programs and activities, with recommendations for legislation. § 4341.

Council on Environmental Quality.  NEPA establishes the Council on Environmental Quality. One of the responsibilities of the Council is to advise and assist the President in preparing the report. The Council must also report at least once a year to the President on the state and condition of the environment. The Council is charged with reviewing governmental policies and programs to determine if they are furthering the policy of NEPA and recommending national policies that would promote the improvement of environmental quality to meet the conservation, social, economic, health and other requirements and goals of the nation. The Council may employ officers and employees to carry out its functions and to share consult with other organizations and governments as it deems advisable. §§ 4342-4345.

Editor's Note.  A number of statutes are included in the U.S. Code's chapter on national environmental policy even though they are not generally considered part of NEPA. Enacted at various times over the past 20 years, these include laws providing for:   a comprehensive five-year plan for environmental research, development and demonstration, to be revised annually; a task force on environmental cancer and heart and lung disease; a science advisory board; development of a database of environmental research articles indexed by geographic location; grants to citizens groups; an Indian environmental general assistance program; authority for EPA to assess fees for its services and activities. See §§ 4361-4370d.