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 lowincome 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-toKnow 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.