Federal Register Presidential Documents

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;

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(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.

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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

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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

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of the United States, its agencies, its officers, or any other person with

this order.

THE WHITE HOUSE,

February 11, 1994.

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[FR Citation 59 FR 7629]