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Citation: 59 Fed. Reg. 7629 1994 Content downloaded/printed from HeinOnline (http://heinonline.org) Thu Apr 5 18:01:09 2012 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text.7629

Federal Rester 

# Presidential Documents

Vol. 59, No. 32 Wednesday, February 16, 1994

Title 3- Executive Order12898 ofFebruary 11, 1994

The President 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. AgencyResponsibilities.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 shallmake achieving environmental justice part of its mission by identifying and addressing,
as appropriate, disproportionately highand adverse human health or environmental effects ofits programs, policies, andactivities on minoritypopulations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and theCommonwealth ofthe Mariana Islands. 1-102. Creationof-anInteragencyWorking GrouponEnvironmental 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 ofHousing and Urban Development; (d) Department ofLabor; (e) Department of Agriculture; (f) Department of Transportation; (g) Department ofJustice; (h)Department ofthe Interior; (i) Department ofCommerce; (j) Department of Energy; (k) Environmental Protection Agency; (1)Office of Management and Budget; (m)Office of Science and Technology Policy; (n) Office ofthe Deputy Assistant to the President forEnvironmental Policy; (o) Office ofthe 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 agenicies
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 areundertaken ina consistent manner; (3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department ofHealth and Human Services, the Department of Housing and Urban Development, and other agencies conducting research or other activities in accordance with section 3-3 ofthis order;

(4) assist in coordinating datacollection, required by thisorder;

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(5) examineexisting data andstudies onenvironmental 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 amongFederal agencies. 1-103. Developmentof 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 orenvironmental effectsofits programs, policies, andactivities
on minority populations and low-income populations. The environmental justice strategy shalllist programs, policies, planning and publicparticipation 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 datacollection relating to the health ofandenvironment 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 ofthe revisions. (b) Within 4 months ofthe date ofthis order, each Federal agency shall identify an internal administrative process.for developing its environmental 

### justice strategy, andshall inform.theWorkingGroup oftheprocess. (c) Within 6 months of the date ofthis order, each Federal agency shall 

### provide the Working Group with an outline ofits 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 ofthe proposed environmental justice strategy, and
a schedule forimplementing 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 WorkingGroup as requested by theWorking 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 ofthe 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 ofthis order, and includes the final environmentaljustice strategies described insection 1-103(e) ofthisorder
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 nothave the effect ofexcluding persons (including populations) from participation in, denying persons (including populations) the benefits of, or subjecting persons (including popuHeinOnline -- 59 Fed. Reg. 7630 1994

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lations) to discrimination under, such programs, policies, and activities, because oftheirrace,color,ornationalorigin.
Sec. 3-3. RESEARCH, DATACOLLECTION, ANDANALYSIS.

3-301. HumanHealthandEnvironmental ResearchandAnalysis.(a) Environmental human health research, whenever practicable and appropriate, shall include diverse segmefnts of the population in epidemiological and clinical studies, including segments at highrisk from environmental hazards, such as minority populations, low-income populations and workers who maybeexposed tosubstantial environmental hazards. (b)Environmental human health analyses, whenever practicable andappropriate, shall identifymultiple andcumulative exposures. (c) Federal agencies shall provide minority populations and low-income populations the opportunity to comment on the development and design ofresearch strategiesundertaken pursuant to this order.

3-302. HumanHealth andEnvironmentalData CollectionandAnalysis. 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 theirprograms, policies, and activities have disproportionately high and adverse human health or environmental effects on minority populations andlow-incomepopulations; (b) In connection with the development and implementation of agency strategies in section 1-103 .ofthis 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 thq 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 onsurrounding populations. Such information shallbe made available tothe public,unless prohibitedby law. (d) In carrying outthe 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, andtribalgovernments.
Sec.4-4. SUBSISTENCE CONSUMPTION OF FISH ANDWILDLIFE.

4-401.' ConsumptionPatterns.In order to assist in identifying the need forensuringprotection ofpopulations withdifferential patterns ofsubsistence 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 therisks ofthose consumption patterns. .,Federa Register /_-Vol.

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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 forevaluating 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 tohuman health
orthe environment forlimited 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, andreadily accessible tothe 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 atthe publicmeetings.
Sec. 6-6. GENERAL PROVISIONS.

6-601. Responsibility forAgencyImplementation.The head ofeach Federal agency shall be responsible for ensuring compliance with this order. Each Federal agency shall conduct internal reviews and take such other steps
as maybenecessary to monitorcompliance-with this order.

6-602. Executive OrderNo. 12250. This Executive order is intended to supplement but not supersede Executive Order No. 12250, which requires consistent and effective implementation ofvarious 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 OrderNo. 12875. This Executive order is not intended to limitthe effect ormandate ofExecutive Order No.-12875. 6-604. Scope.For purposes ofthis order, Federal agency means any agency on the Working Group, and such other agencies as may be designated by thePresident, thatconducts any Federal program or activity that substantially affects human health or the environment. Independent agencies are requested to comply withthe provisions ofthis order. 6-605. Petitions forExemptions.Thehead ofa Federal agency may petition the President for an exemption from the requirements of this order on the'grounds that all or some ofthe petitioning agency's programs or activities should notbesubjectto the requirements ofthis order.

6-606. NativeAmericanPrograms.Each Federal agency responsibility set forth under this order shall apply equally to Native American programs. In addition, the Department ofthe Interior, in coordination withthe 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 thefinancial costs ofcomplying with thisorder.

6-608. General.Federql agencies shall implement this order consistent with, andto theextent permitted by,existing law. 6-609. JudicialReview.This order isintended 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 ot procedural, 59, No. 32 / Wednesday, February 16, 1994 1Presidential Documents

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### Presidential Documents 7633

enforceable atlawor equityby aparty-against theUnited 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*otherperson with thisorder.

THE WHITE HOUSE, February11, 1994.
[FR Doc, 94-3685 Filed 2-14-94; 3:07prnl Billing code 3195-01-P Editorial note: For the memorandum that was concurrently issued on Federal environmental program reform, seeissueNo. 6 ofthe Weekly CompilationofPresidential Documents.

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