354 



are not prime contractors, or direct recipients of Federal 

 assistance by way of contracts, grants, or loans. 



(b) Federal agencies shall reconsider any exemption 

 granted under subsection (a) whenever requested to do so 

 by the Administrator. 



(c) The Administrator shall annually notify the Presi- 

 dent and the Congress of all exemptions granted, or in 

 effect, under this Order during the preceding year. 



S«c. 9. Related Actions. The Imposition of any sanction 

 or penalty under or pursuant to this Order shall not 

 relieve any person of any legal duty to comply with any 

 provision of the Act [this chapter]. 



Sec. 10. AppUoalHlitji. This Order shall not apply to 

 contracts, grants, or loans Involving the use of facilities 

 located outside the United States. 



RiCRABD NnOK 



14. Executive Order 11643 as Amended by Executive Orders 11870 and 

 11917— Environmental Safeguards on Activities for Animal Damage 

 Control on Federal Lands 



40 Fed. Reg. 30611 



Ex. Ord. No. 11870, July 18, 1975, 40 P.R. 30611, as 

 amended by Ex. Ord. No. 11917, May 28. 1976, 41 F.B. 

 22239, provided: 



By virtue of the authority vested In me as President 

 of the United States, and In furtherance of purposes 

 and policies of the National Environmental Policy Act 

 of 1969 (42 U.S.C. 4321 et seq.) , the provisions of Sec. 

 tlon 1 of the Act of March 2, 1931 (46 Stat. 1468, 7 U.S.C. 

 426) and the Endangered Species Act of 1973 (87 Stat. 

 884, 16 U.S.C. 1531 et aeq.) , Executive Order No. 11643 

 of February 8, 1972, Is amended to read as follows : 



Section 1. It Is the policy of the Federal Government, 

 consistent with the authorities cited above, to: 



(1) Manage the public lands to protect all animal 

 resources thereon In the manner most consistent with the 

 public trust In which such lands are held. 



(2) Conduct all mammal or bird damage control pro- 

 grams In a manner which contributes to the maintenance 

 of environmental quality, and to the conservation and 

 protection of the Nation's wildlife resources. Including 

 predatory animals. 



(3) Restrict the use on public lands and In Federal 

 predator control programs of any chemical toxicant for 

 the purpose of killing predatory animals or birds which 

 would have secondary poisoning effects. 



(4) Restrict the use of chemical toxicants for the pur- 

 pose of killing predatory or other mammals or birds in 

 Federal programs and on Federal lands In a manner which 

 will balance the need for a responsible animal damage 

 control program consistent with the other policies set 

 forth in this Order; and 



(5) assure that where chemical toxicants or devices are 

 used pursuant to Section 3(b), only those combinations 

 of toxicants and techniques will be used which best serve 

 human health and safety and which minimize the use 

 of toxicants and best protect nontarget wildlife species 

 and those individual predatory animals and birds which 

 do not cause damage, consistent with the policies of this 

 Order. 



Sec. 2. Definitions. As used in this Order the term: 

 (a) "Federal lands" means all real property owned by or 

 leased to the Federal Government, excluding (1) lands ad- 

 ministered by the Secretary of the Interior pursuant to 

 his trust responsibilities for Indian affairs, and (2) real 

 property located In metropolitan areas. 



(bl "Agencies" means the departments, agencies and 

 establishments of the Executive branch of the Federal 

 Government. 



(c) "Chemical toxicant" means any chemical substance 

 which, when Ingested, Inhaled, or absorbed, or when ap- 

 plied to or injected Into the body, in relatively small 

 amovmts, by its chemical action may cause significant 

 bodily malfunction, injury, illness, or death, to animals 

 or to man. 



(d) "Predatory mammal or bird" means any mammal or 

 bird which habitually preys upon other animals, birds, 

 reptiles or fish. 



(e) "Secondary poisoning effect" means the result attri- 

 butable to a chemical toxicant which, after being in- 

 gested. Inhaled, or absorbed, or when applied to or in- 

 jected into, a mammal, bird, reptile or flsh, is retained 

 in Its tissue, or otherwise retained in such a manner and 

 quantity that the tissue itself or retaining part If there- 

 after Ingested by man, mammal, bird, reptile or flsh, prod- 

 uces the effects set forth In paragraph (c) of this Section. 



(f) "Field use" means use on lands not in, or immedi- 

 ately adjacent to occupied buildings. 



Sec. 3. Restrictions on Use of Toxicants, (a) Heads of 

 agencies shall take such action as is necessary to pre- 

 vent on any Federal lands under their Jurisdiction, or in 

 any Federal program of mammal or bird damage control 

 under their Jurisdiction: 



( 1 ) the field use of any chemical toxicant for the pur- 

 pose of killing a predatory mammal or bird; or 



(2) the field use of any chemical toxicant which causes 

 any secondary poisoning effect for the purpose of killing 

 mammals, birds, or reptiles. 



(b) Notwithstanding the provisions of subsection (a) 

 of a chemical toxicant for the purpose of killing preda- 

 the emergency use on Federal lands under his Jurisdiction 

 of a chemical toxicant for the purpose of killing preda- 

 tory mammals or birds, or of a chemical toxicant which 

 causes a secondary poisoning effect for the purpose of 

 killing other mammals, birds, or reptiles, but only If in 

 each specific case he makes a written finding, following 

 consultation with the Secretaries of the Interior, Agri- 

 culture, and Health, Education, and Welfare, and the Ad- 

 ministrator of the Environmental Protection Agency, that 

 an emergency exists that cannot be dealt with by means 

 which do not Involve use of chemical toxicants, and that 

 such use is essential : 



(1) to the protection of the health or safety of hu- 

 man life; 



(2) to the preservation of one or more wildlife species 

 threatened with extinction, or likely within the fore- 

 seeable future to become so threatened; or 



(3) to the prevention of substantial irretrievable dam- 

 age to nationally significant natural resources. 



(c) Notwithstanding the provisions of subsection (a) of 

 this Section, the head of an agency may authorize the 

 use, on an experimental basis, of sodium cyanide to con- 

 trol coyote and other predatory mammal or bird dam- 

 age to livestock on Federal lands or in Federal programs, 

 provided that such use is In accordance with all applica- 

 ble laws and regulations. Including those relating to the 

 use of chemical toxicants, and continues for no more 

 than one year. 



(d) Notwithstanding the provisions of subsection (a) 

 of this Section, the head of an agency may authorize 

 the operational use of sodium cyanide in Federal pro- 

 grams or on Federal lands, but only in accordance with 

 regulations and on the terms and subject to all the 

 restrictions which may now or hereafter be prescribed 

 by the Environmental Protection Agency; provided that, 

 such use of sodium cyanide is prohibited in (1) areas 

 where endangered or threatened animal species might 

 be adversely affected; (2) areas of the National Park 

 System: (3) areas of the National Wildlife Refuge Sys- 

 tem; (4) areas of the National Wilderness Preservation 

 System; (5) areas within national forests or other Fed- 

 eral lands specifically set aside for recreational use; (6) 

 preilrle dog towns; (7) National Monument areas; and 

 (8) any areas where exposure to the public and family 

 pets is probable. 



Sec 4. Rules for Implementation of Order. Heads of 

 agencies shall issue such rules or regulations as may be 

 necessary and appropriate to carry out the provisions and 

 policy of this Order. 



Qerald R. Ford. 



