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International Environment: Improved Procedures Needed for Environmental Assessments of U.S. Actions Abroad

RCED-94-55 Published: Feb 11, 1994. Publicly Released: Mar 14, 1994.
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Highlights

Pursuant to a congressional request, GAO reviewed federal agencies' use of environmental impact assessments to assess the environmental consequences of their overseas activities, focusing on: (1) the requirements for environmental impact assessments under the National Environmental Policy Act (NEPA) and Executive Order 12114; (2) federal agencies' implementation of Executive Order 12114; and (3) the advantages and disadvantages of applying NEPA procedures to, or strengthening environmental impact assessments procedures for, federal agencies' actions outside U.S. jurisdiction.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
The completion of Presidential Review Directive 23 on environmental impact assessment procedures abroad will give Congress an opportunity to consider whether these procedures should be strengthened. Should Congress wish to strengthen these procedures, it should consider requiring the Council on Environmental Quality, or a successor agency if the Council is abolished, to write separate regulations under NEPA for major federal actions abroad that would explicitly require the consideration of alternatives, some degree of public participation, and interagency review and oversight by the Council or a successor agency.
Closed – Implemented
Review of environmental impact assessment procedures abroad under Presidential Review Directive 23 were suspended when a consensus could not be reached. The review did not result in any changes to Executive Order 12114. Resources are not programmed for additional work, however, some implementation of recommendations might be achieved under NAFTA.

Recommendations for Executive Action

Agency Affected Recommendation Status
Office of the Assistant to the President for National Security Affairs The Assistant to the President for National Security Affairs should clarify which actions abroad require environmental assessments under Executive Order 12114. In particular, the Assistant to the President for National Security Affairs should clarify if, and under what circumstances, participation with another country exempts actions from assessment.
Closed – Implemented
Review of environmental impact assessment procedures abroad under Presidential Review Directive 23 were suspended when a consensus could not be reached. The review did not result in any changes to Executive Order 12114. Resources are not programmed for additional work, however, some implementation of recommendations might be achieved under NAFTA.
Office of the Assistant to the President for National Security Affairs The Assistant to the President for National Security Affairs should clarify how comprehensive the assessments must be, including whether and how agencies must consider alternatives, seek external review, and include public participation.
Closed – Implemented
Review of environmental impact assessment procedures abroad under Presidential Review Directive 23 were suspended when a consensus could not be reached. The review did not result in any changes to Executive Order 12114. Resources are not programmed for additional work, however, some implementation of recommendations might be achieved under NAFTA.

Full Report

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Topics

Environmental impact statementsEnvironmental lawEnvironmental policiesEvaluation methodsFederal agenciesForeign governmentsHazardous substancesInternational relationsJurisdictional authorityEnvironmental assessment