Memorandum on Mitigating Impacts on Natural Resources From Development and Encouraging Related Private Investment
Issued 2015-11-03 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This 2015 memorandum directs five federal agencies—Defense, Interior, Agriculture, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration—to follow a specific approach when their activities might harm natural resources like land, water, and wildlife. The policy requires these agencies to first avoid harmful impacts, then minimize any impacts that can't be avoided, and finally compensate for any remaining harm that occurs. The memorandum also encourages private businesses and nonprofit organizations to invest in restoration projects and form partnerships with the government to meet conservation goals.
The action affects federal agencies that oversee development, infrastructure, and national security projects, as well as private companies and organizations involved in restoration work. The memorandum aims to create more consistent policies across different agencies so that businesses and nonprofits have clearer guidelines when working on projects that might impact the environment. It also explores ways for private investment to fund restoration work through arrangements where payment depends on achieving measurable environmental results.
This matters because it establishes a government-wide framework for balancing economic development with environmental protection. The memorandum seeks to make federal environmental policies more predictable and uniform across agencies, potentially reducing permitting delays while ensuring natural resources are protected or restored. By encouraging advance planning and private-sector involvement in restoration, the policy aims to achieve both economic and environmental goals simultaneously.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Mitigating Impacts on Natural Resources From Development and Encouraging Related Private Investment") provides direction to executive branch agencies. The stated purpose: "harmful impacts on natural resources by avoiding and minimizing impacts, then compensating for impacts that do occur." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2015 Memorandum on Mitigating Impacts on Natural Resources From Development and Encouraging Related Private Investment November 3, 2015 Memorandum for the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Administrator of the National Oceanic and Atmospheric Administration Subject: Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment We all have a moral obligation to the next generation to leave America's natural resources in better condition than when we inherited them. It is this same obligation that contributes to the strength of our economy and quality of life today. American ingenuity has provided the tools that we need to avoid damage to the most special places in our Nation and to find new ways to restore areas that have been degraded. Federal agencies implement statutes and regulations that seek simultaneously to advance our economic development, infrastructure, and national security goals along with environmental goals. As efforts across the country have demonstrated, it is possible to achieve strong environmental outcomes while encouraging development and providing services to