relevant expertise of the availability of environmental documents prepared under this Order. Agencies in their procedures unde: 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 24 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: 15) difficulties of obtaining information and agency ability to analyze meaningfully environmental effects of a proposed action; and the degree to which the agency is involved in or able to affect a decision to 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 sensitivities and other such special circumstances. In utilizing such additional exemp tions 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 an 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 communi- 3-3. Multi-Agency Actions. Where more than one Federal agency is involved 3-5. Multiple Impocts. If a major Federal action having effects on the environ nation. Jimmy Carter [FR Doc 79-869 The White House. FEDERAL REGISTER, VOL. 44, NO. 6-TUESDAY, JANUARY 9, 1979 APPENDIX "B" ANNEX GOALS AND PRINCIPLES OF ENVIRONMENTAL IMPACT ASSESSMENT PRELIMINARY NOTE Environmental Impact Assessment (EIA) 1/ EIA means an examination, analysis and assessment of planned activities with a view to ensuring environmentally sound and sustainable development. The EIA goals and principles set out below are necessarily general in nature and may be further refined when fulfilling EIA tasks at the national, regional and international levels. GOALS 1. To establish that before decisions are taken by the competent authority or authorities to undertake or to authorize activities that are likely to significantly affect the environment, the environmental effects of those activities should be taken fully into account. 2. To promote the implementation of appropriate procedures in all countries consistent with national laws and decision-making processes, through which the foregoing goal may be realized. 3. To encourage the development of reciprocal procedures for information exchange, notification and consultation between States when proposed activities are likely to have significant transboundary effects on the environment of those States. PRINCIPLES Principle 1 States (including their competent authorities) should not undertake or authorize activities without prior consideration, at an early stage, of their environmental effects. Where the extent, nature or loction of a proposed activity is such that it is likely to significantly affect the environment, a comprehensive environmental impact assessment should be undertaken in accordance with the following principles. Principle 2 The criteria and procedures for determining whether an activity is likely to significantly affect the environment and is therefore subject to an EIA, should be defined clearly by legislation, regulation, or other means, so that subject activities can be quickly and surely identified, and EIA can be applied as the activity is being planned. */ Principle 3 In the EIA process the relevant significant environmental issues should be identified and studied. Where appropriate, all efforts should be made to identify these issues at an early stage in the process. Principle 4 An EIA should include, at a minimum: (a) A description of the proposed activity; (b) A description of the potentially affected environment, including specific information necessary for identifying and assessing the environmental effects of the proposed activity; (c) A description of practical alternatives, as appropriate; (a) An assessment of the likely or potential environmental impacts of the proposed activity and alternatives, including the direct, indirect, cumulative, short-term and long-term effects; */ For instance, this principle may be implemented through a variety of mechanisms, including: (a) Lists of categories of activities that by their nature are, or are not, likely to have significant effects; (b) Lists of areas that are of special importance or sensitivity (such as national parks or wetland areas), so that any activity affecting such areas is likely to have significant effects; (c) Lists of categories of resources (such as water, tropical rain forests, etc.), or environmental problems (such as increased soil erosion, desertification, deforestation) which are of special concern, so that any diminution of such resources of exacerbation of such problems is likely to be "significant"; (d) An "initial environmental evaluation", a quick and informal assessment of the proposed activity to determine whether its effects are likely to be significant; (e) Criteria to guide determinations whether the effects of a proposed activity are likely to be significant. If a listing system is used, it is recommended that States reserve the discretion to require the preparation of an EIA on an ad hoc basis, to ensure that they have the flexibility needed to respond to unanticipated cases. (e) An identification and description of measures available to mitigate adverse environmental impacts of the proposed activity and alternatives, and an assessment of those measures; (E) An indication of gaps in knowledge and uncertainties which may be encountered in compiling the required information; (g) An indication of whether the environment of any other State or areas beyond national jurisdiction is likely to be affected by the proposed activity or alternatives; (h) A brief, non-technical summary of the information provided under the above headings. Principle 5 The environmental effects in an EIA should be assessed with a degree of detail commensurate with their likely environmental significance. Principle 6 The information provided as part of EIA should be examined impartially prior to the decision. Principle 7 Before a decision is made on an activity, government agencies, members of the public, experts in relevant disciplines and interested groups should be allowed appropriate opportunity to comment on the BIA. Principle 8 A decision as to whether a proposed activity should be authorized or undertaken should not be taken until an appropriate period has elapsed to consider comments pursuant to principles 7 and 12. Principle 9 The decision on any proposed activity subject to an EIA should be in writing, state the reasons therefor, and include the provisions, if any, to prevent, reduce or mitigate damage to the environment. This decision should be made available to interested persons or groups. Principle 10 Where it is justified, following a decision on an activity which has been subject to an EIA, the activity and its effects on the environment or the provisions (pursuant to Principle 9) of the decision on this activity should be subject to appropriate supervision. Principle 11 States should endeavour to conclude bilateral, regional or multilateral arrangements, as appropriate, so as to provide, on the basis of reciprocity, |