Federal Register, Volume 59 Issue 32 (Wednesday, February 16, 1994)[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
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From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-3685]


[[Page Unknown]]

[Federal Register: February 16, 1994]




                        Presidential Documents 


Federal Register
Vol. 59, No. 32
Wednesday, February 16, 1994

____________________________________________________________________

Title 3--
The President
                Executive Order 12898 of February 11, 1994

 

Federal Actions To Address Environmental Justice 
                in Minority Populations and Low-Income Populations

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1-1. Implementation.

                    1-101. Agency Responsibilities. To the greatest 
                extent practicable and permitted by law, and consistent 
                with the principles set forth in the report on the 
                National Performance Review, each Federal agency shall 
                make achieving environmental justice part of its 
                mission by identifying and addressing, as appropriate, 
                disproportionately high and adverse human health or 
                environmental effects of its programs, policies, and 
                activities on minority populations and low-income 
                populations in the United States and its territories 
                and possessions, the District of Columbia, the 
                Commonwealth of Puerto Rico, and the Commonwealth of 
                the Mariana Islands.

                    1-102. Creation of an Interagency Working Group on 
                Environmental Justice. (a) Within 3 months of the date 
                of this order, the Administrator of the Environmental 
                Protection Agency (``Administrator'') or the 
                Administrator's designee shall convene an interagency 
                Federal Working Group on Environmental Justice 
                (``Working Group''). The Working Group shall comprise 
                the heads of the following executive agencies and 
                offices, or their designees: (a) Department of Defense; 
                (b) Department of Health and Human Services; (c) 
                Department of Housing and Urban Development; (d) 
                Department of Labor; (e) Department of Agriculture; (f) 
                Department of Transportation; (g) Department of 
                Justice; (h) Department of the Interior; (i) Department 
                of Commerce; (j) Department of Energy; (k) 
                Environmental Protection Agency; (l) Office of 
                Management and Budget; (m) Office of Science and 
                Technology Policy; (n) Office of the Deputy Assistant 
                to the President for Environmental Policy; (o) Office 
                of the Assistant to the President for Domestic Policy; 
                (p) National Economic Council; (q) Council of Economic 
                Advisers; and (r) such other Government officials as 
                the President may designate. The Working Group shall 
                report to the President through the Deputy Assistant to 
                the President for Environmental Policy and the 
                Assistant to the President for Domestic Policy.
                    (b) The Working Group shall: (1) provide guidance 
                to Federal agencies on criteria for identifying 
                disproportionately high and adverse human health or 
                environmental effects on minority populations and low-
                income populations;
                    (2) coordinate with, provide guidance to, and serve 
                as a clearinghouse for, each Federal agency as it 
                develops an environmental justice strategy as required 
                by section 1-103 of this order, in order to ensure that 
                the administration, interpretation and enforcement of 
                programs, activities and policies are undertaken in a 
                consistent manner;
                    (3) assist in coordinating research by, and 
                stimulating cooperation among, the Environmental 
                Protection Agency, the Department of Health and Human 
                Services, the Department of Housing and Urban 
                Development, and other agencies conducting research or 
                other activities in accordance with section 3-3 of this 
                order;
                    (4) assist in coordinating data collection, 
                required by this order;
                    (5) examine existing data and studies on 
                environmental justice;
                    (6) hold public meetings as required in section 5-
                502(d) of this order; and
                    (7) develop interagency model projects on 
                environmental justice that evidence cooperation among 
                Federal agencies.
                    1-103. Development of Agency Strategies. (a) Except 
                as provided in section 6-605 of this order, each 
                Federal agency shall develop an agency-wide 
                environmental justice strategy, as set forth in 
                subsections (b)-(e) of this section that identifies and 
                addresses disproportionately high and adverse human 
                health or environmental effects of its programs, 
                policies, and activities on minority populations and 
                low-income populations. The environmental justice 
                strategy shall list programs, policies, planning and 
                public participation processes, enforcement, and/or 
                rulemakings related to human health or the environment 
                that should be revised to, at a minimum: (1) promote 
                enforcement of all health and environmental statutes in 
                areas with minority populations and low-income 
                populations; (2) ensure greater public participation; 
                (3) improve research and data collection relating to 
                the health of and environment of minority populations 
                and low-income populations; and (4) identify 
                differential patterns of consumption of natural 
                resources among minority populations and low-income 
                populations. In addition, the environmental justice 
                strategy shall include, where appropriate, a timetable 
                for undertaking identified revisions and consideration 
                of economic and social implications of the revisions.
                    (b) Within 4 months of the date of this order, each 
                Federal agency shall identify an internal 
                administrative process for developing its environmental 
                justice strategy, and shall inform the Working Group of 
                the process.
                    (c) Within 6 months of the date of this order, each 
                Federal agency shall provide the Working Group with an 
                outline of its proposed environmental justice strategy.
                    (d) Within 10 months of the date of this order, 
                each Federal agency shall provide the Working Group 
                with its proposed environmental justice strategy.
                    (e) Within 12 months of the date of this order, 
                each Federal agency shall finalize its environmental 
                justice strategy and provide a copy and written 
                description of its strategy to the Working Group. 
                During the 12 month period from the date of this order, 
                each Federal agency, as part of its environmental 
                justice strategy, shall identify several specific 
                projects that can be promptly undertaken to address 
                particular concerns identified during the development 
                of the proposed environmental justice strategy, and a 
                schedule for implementing those projects.
                    (f) Within 24 months of the date of this order, 
                each Federal agency shall report to the Working Group 
                on its progress in implementing its agency-wide 
                environmental justice strategy.
                    (g) Federal agencies shall provide additional 
                periodic reports to the Working Group as requested by 
                the Working Group.

                    1-104. Reports to the President. Within 14 months 
                of the date of this order, the Working Group shall 
                submit to the President, through the Office of the 
                Deputy Assistant to the President for Environmental 
                Policy and the Office of the Assistant to the President 
                for Domestic Policy, a report that describes the 
                implementation of this order, and includes the final 
                environmental justice strategies described in section 
                1-103(e) of this order.

                Sec. 2-2. Federal Agency Responsibilities for Federal 
                Programs. Each Federal agency shall conduct its 
                programs, policies, and activities that substantially 
                affect human health or the environment, in a manner 
                that ensures that such programs, policies, and 
                activities do not have the effect of excluding persons 
                (including populations) from participation in, denying 
                persons (including populations) the benefits of, or 
                subjecting persons (including populations) to 
                discrimination under, such programs, policies, and 
                activities, because of their race, color, or national 
                origin.

                Sec. 3-3. Research, Data Collection, and Analysis.

                    3-301. Human Health and Environmental Research and 
                Analysis. (a) Environmental human health research, 
                whenever practicable and appropriate, shall include 
                diverse segments of the population in epidemiological 
                and clinical studies, including segments at high risk 
                from environmental hazards, such as minority 
                populations, low-income populations and workers who may 
                be exposed to substantial environmental hazards.
                    (b) Environmental human health analyses, whenever 
                practicable and appropriate, shall identify multiple 
                and cumulative exposures.
                    (c) Federal agencies shall provide minority 
                populations and low-income populations the opportunity 
                to comment on the development and design of research 
                strategies undertaken pursuant to this order.

                    3-302. Human Health and Environmental Data 
                Collection and Analysis. To the extent permitted by 
                existing law, including the Privacy Act, as amended (5 
                U.S.C. section 552a): (a) each Federal agency, whenever 
                practicable and appropriate, shall collect, maintain, 
                and analyze information assessing and comparing 
                environmental and human health risks borne by 
                populations identified by race, national origin, or 
                income. To the extent practical and appropriate, 
                Federal agencies shall use this information to 
                determine whether their programs, policies, and 
                activities have disproportionately high and adverse 
                human health or environmental effects on minority 
                populations and low-income populations;
                    (b) In connection with the development and 
                implementation of agency strategies in section 1-103 of 
                this order, each Federal agency, whenever practicable 
                and appropriate, shall collect, maintain and analyze 
                information on the race, national origin, income level, 
                and other readily accessible and appropriate 
                information for areas surrounding facilities or sites 
                expected to have a substantial environmental, human 
                health, or economic effect on the surrounding 
                populations, when such facilities or sites become the 
                subject of a substantial Federal environmental 
                administrative or judicial action. Such information 
                shall be made available to the public, unless 
                prohibited by law; and
                    (c) Each Federal agency, whenever practicable and 
                appropriate, shall collect, maintain, and analyze 
                information on the race, national origin, income level, 
                and other readily accessible and appropriate 
                information for areas surrounding Federal facilities 
                that are: (1) subject to the reporting requirements 
                under the Emergency Planning and Community Right-to-
                Know Act, 42 U.S.C. section 11001-11050 as mandated in 
                Executive Order No. 12856; and (2) expected to have a 
                substantial environmental, human health, or economic 
                effect on surrounding populations. Such information 
                shall be made available to the public, unless 
                prohibited by law.
                    (d) In carrying out the responsibilities in this 
                section, each Federal agency, whenever practicable and 
                appropriate, shall share information and eliminate 
                unnecessary duplication of efforts through the use of 
                existing data systems and cooperative agreements among 
                Federal agencies and with State, local, and tribal 
                governments.

                Sec. 4-4. Subsistence Consumption of Fish and Wildlife.

                    4-401. Consumption Patterns. In order to assist in 
                identifying the need for ensuring protection of 
                populations with differential patterns of subsistence 
                consumption of fish and wildlife, Federal agencies, 
                whenever practicable and appropriate, shall collect, 
                maintain, and analyze information on the consumption 
                patterns of populations who principally rely on fish 
                and/or wildlife for subsistence. Federal agencies shall 
                communicate to the public the risks of those 
                consumption patterns.

                    4-402. Guidance. Federal agencies, whenever 
                practicable and appropriate, shall work in a 
                coordinated manner to publish guidance reflecting the 
                latest scientific information available concerning 
                methods for evaluating the human health risks 
                associated with the consumption of pollutant-bearing 
                fish or wildlife. Agencies shall consider such guidance 
                in developing their policies and rules.

                Sec. 5-5. Public Participation and Access to 
                Information. (a) The public may submit recommendations 
                to Federal agencies relating to the incorporation of 
                environmental justice principles into Federal agency 
                programs or policies. Each Federal agency shall convey 
                such recommendations to the Working Group.

                    (b) Each Federal agency may, whenever practicable 
                and appropriate, translate crucial public documents, 
                notices, and hearings relating to human health or the 
                environment for limited English speaking populations.
                    (c) Each Federal agency shall work to ensure that 
                public documents, notices, and hearings relating to 
                human health or the environment are concise, 
                understandable, and readily accessible to the public.
                    (d) The Working Group shall hold public meetings, 
                as appropriate, for the purpose of fact-finding, 
                receiving public comments, and conducting inquiries 
                concerning environmental justice. The Working Group 
                shall prepare for public review a summary of the 
                comments and recommendations discussed at the public 
                meetings.

                Sec. 6-6. General Provisions.

                    6-601. Responsibility for Agency Implementation. 
                The head of each Federal agency shall be responsible 
                for ensuring compliance with this order. Each Federal 
                agency shall conduct internal reviews and take such 
                other steps as may be necessary to monitor compliance 
                with this order.
                    6-602. Executive Order No. 12250. This Executive 
                order is intended to supplement but not supersede 
                Executive Order No. 12250, which requires consistent 
                and effective implementation of various laws 
                prohibiting discriminatory practices in programs 
                receiving Federal financial assistance. Nothing herein 
                shall limit the effect or mandate of Executive Order 
                No. 12250.
                    6-603. Executive Order No. 12875. This Executive 
                order is not intended to limit the effect or mandate of 
                Executive Order No. 12875.
                    6-604. Scope. For purposes of this order, Federal 
                agency means any agency on the Working Group, and such 
                other agencies as may be designated by the President, 
                that conducts any Federal program or activity that 
                substantially affects human health or the environment. 
                Independent agencies are requested to comply with the 
                provisions of this order.
                    6-605. Petitions for Exemptions. The head of a 
                Federal agency may petition the President for an 
                exemption from the requirements of this order on the 
                grounds that all or some of the petitioning agency's 
                programs or activities should not be subject to the 
                requirements of this order.
                    6-606. Native American Programs. Each Federal 
                agency responsibility set forth under this order shall 
                apply equally to Native American programs. In addition, 
                the Department of the Interior, in coordination with 
                the Working Group, and, after consultation with tribal 
                leaders, shall coordinate steps to be taken pursuant to 
                this order that address Federally-recognized Indian 
                Tribes.
                    6-607. Costs. Unless otherwise provided by law, 
                Federal agencies shall assume the financial costs of 
                complying with this order.
                    6-608. General. Federal agencies shall implement 
                this order consistent with, and to the extent permitted 
                by, existing law.
                    6-609. Judicial Review. This order is intended only 
                to improve the internal management of the executive 
                branch and is not intended to, nor does it create any 
                right, benefit, or trust responsibility, substantive or 
                procedural, enforceable at law or equity by a party 
                against the United States, its agencies, its officers, 
                or any person. This order shall not be construed to 
                create any right to judicial review involving the 
                compliance or noncompliance of the United States, its 
                agencies, its officers, or any other person with this 
                order.

                    (Presidential Sig.)>


                THE WHITE HOUSE,

                    February 11, 1994.

[FR Doc. 94-3685
Filed 2-14-94; 3:07 pm]
Billing code 3195-01-P

                Editorial note: For the memorandum that was 
                concurrently issued on Federal environmental program 
                reform, see issue No. 6 of the Weekly Compilation of 
                Presidential Documents.