Executive Order 12247—Federal Actions in the Lake Tahoe Region

By the authority vested in me as President by the Constitution of the United States of America, and in order to ensure that Federal agency actions protect the extraordinary natural, scenic, recreational and ecological resources in the Lake Tahoe Region (as defined by Public Law 91-148), an area of national concern, it is hereby ordered as follows: 1-1. Tahoe Federal Coordinating Council. 1-101. There is established an interagency committee to be known as the Tahoe Federal Coordinating Council. 1-102. The Council shall be composed of representatives from the following Executive agencies (those of the Western Federal Regional Council, Region Ix): (a) Department of Defense. (b) Department of the Interior. (c) Department of Agriculture. (d) Department of Commerce. (e) Department of Health and Human Services. (f) Department of Housing and Urban Development. (g) Department of Transportation. (h) Environmental Protection Agency. 1-103. The Council shall be chaired by the representative from the Department of Agriculture, which shall be responsible for providing administrative support. 1-104. Other agencies may be invited to designate representatives to participate in the activities of the Council from time to time. 1-2. Environmental Thresholds. 1-201. (a) The Council shall develop and issue environmental quality thresholds and carrying capacities for the air, water, and terrestrial components of the area known as the Lake Tahoe Region (Public Law 91-148), which lies within the States of California and Nevada. (b) These thresholds and carrying capacities shall be developed in consultation with the States of California and Nevada, the local governments in and around the area, and the public. (c) These thresholds and carrying capacities shall be based on a refinement and a periodic updating of the Western Federal Regional Council's "Lake Tahoe Environment Assessment" issued during February, 1980, and on other appropriate information. 1-202. The Council shall assist the State and local governments of California and Nevada in adopting and utilizing these thresholds and carrying capacities. 1-203. These thresholds and carrying capacities shall, to the extent permitted by law, be utilized by Executive agencies and the Council in determining the impact of Federal actions on the environment of the Region. 1-3. Environmental Actions. 1-301. An Executive agency shall, prior to authorizing any undertaking within the Region, whether by taking direct action or approving a license, permit, or financial assistance, determine if that undertaking will have a significant or potentially significant adverse effect on the environment of the Region. This determination shall be made in writing. It shall take into account the thresholds and carrying capacities developed by the Council. 1-302. The Executive agency shall transmit to the Council a copy of its determination as to the environmental impact on the Region. 1-303. (a) The Council will promptly review the agency determinations as to the environmental effect on the Region. The Council shall ensure that there is adequate opportunity for public comment on the agency determination. (b) If the Council concludes that the action to be taken would be compatible with the environment of the Region, the Chairman of the Council shall promptly so notify the agency. (c) If the Council concludes that the action to be taken would have a significant adverse impact on the resources and ecological values of the Region, the Chairman of the Council shall recommend to the responsible Executive agency that the action not be undertaken or that it be modified to eliminate the adverse impact. 1-304. If the agency disagrees with the recommendations of the Council, the Chairman of the Council shall promptly refer the matter to the Council on Environmental Quality for its recommendation as to the prompt resolution of any disagreement. 1-305. Until the thresholds and carrying capacities are issued, Executive agencies shall, to the extent permitted by law, not take any direct action nor approve any license, permit, or financial assistance in the Region which would significantly (a) stimulate additional development in environmentally sensitive areas as defined by land use plans or zoning ordinances of the Region, or (b) promote automobile traffic into the Region. 1-306. Until the thresholds and carrying capacities are issued, Executive agencies shall review agency actions in the Region which may have an effect on the Region's overall waste treatment planning. This review shall determine if such actions should be deferred until waste water treatment plans, as provided by Section 208 of the Federal Water Pollution Control Act (33 U.S.C. 1288), are adopted by the States of California and Nevada and approved by the Environmental Protection Agency. 1-4. General Provisions. 1-401. The Chairman of the Council on Environmental Quality and the Secretary of Agriculture shall advise the President from time to time on the effectiveness of this Order. They shall recommend other administrative action which may be taken to improve the coordination of agency actions and decisions whenever such coordination would protect and enhance the Region's natural and ecological values. 1-402. Nothing in this Order shall be construed to limit, delay, or prohibit any agency action which is essential for the protection of public health or safety, for national security, or for the maintenance or rehabilitation of environmental quality within the Region. JIMMY CARTER The White House, October 15, 1980. [Filed with the Office of the Federal Register, 10:43 a.m., October 15, 1980]