I 

118TH CONGRESS 

1ST SESSION H. R. 1705 

To restore, reaffirm, and reconcile environmental justice and civil rights, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2023 

Mr. GRIJALVA (for himself, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. 

ESPAILLAT, Ms. BARRAGA ́N, Ms. TLAIB, Ms. MENG, Ms. JAYAPAL, Mr. 

KHANNA, Ms. DEGETTE, Mrs. BEATTY, Ms. BUSH, Mr. SCOTT of Virginia, Mr. NADLER, Ms. ESCOBAR, Ms. CASTOR of Florida, Mr. CONNOLLY, Ms. BROWNLEY, Ms. STANSBURY, Mrs. NAPOLITANO, Mr. 

HUFFMAN, Mr. NEGUSE, Ms. OCASIO-CORTEZ, Ms. VELA ́ZQUEZ, Ms. 

PORTER, Mr. GOMEZ, Mr. BOWMAN, Ms. TOKUDA, Ms. KAMLAGERDOVE, Mr. CASAR, Mr. MCGOVERN, Mr. MFUME, Ms. KELLY of Illinois, 

Ms. MCCOLLUM, Mrs. MCCLELLAN, and Ms. JACKSON LEE) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committees on Natural Resources, the 

Judiciary, Transportation and Infrastructure, Agriculture, and Education 

and the Workforce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To restore, reaffirm, and reconcile environmental justice and 

civil rights, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘A. 

3 Donald McEachin Environmental Justice For All Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; statement of policy. 

Sec. 3. Definitions. 

Sec. 4. Prohibited discrimination. 

Sec. 5. Right of action. 

Sec. 6. Rights of recovery. 

Sec. 7. Consideration of cumulative impacts and persistent violations in certain 

permitting decisions. 

Sec. 8. White House Environmental Justice Interagency Council. 

Sec. 9. Federal agency actions and responsibilities. 

Sec. 10. Ombuds. 

Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. 

Sec. 12. Transit to trails grant program. 

Sec. 13. Repeal of sunset for the Every Kid Outdoors program. 

Sec. 14. Protections for environmental justice communities against harmful 

Federal actions. 

Sec. 15. Strengthening Community Protections under the National Environmental Policy Act. 

Sec. 16. Training of employees of Federal agencies. 

Sec. 17. Environmental justice grant programs. 

Sec. 18. Environmental justice basic training program. 

Sec. 19. National Environmental Justice Advisory Council. 

Sec. 20. Environmental Justice Clearinghouse. 

Sec. 21. Public meetings. 

Sec. 22. Environmental projects for environmental justice communities. 

Sec. 23. Grants to further achievement of Tribal coastal zone objectives. 

Sec. 24. Cosmetic labeling. 

Sec. 25. Safer cosmetic alternatives for disproportionately impacted communities. 

Sec. 26. Safer child care centers, schools, and homes for disproportionately impacted communities. 

Sec. 27. Certain menstrual products misbranded if labeling does not include ingredients. 

Sec. 28. Support by National Institute of Environmental Health Sciences for 

research on health disparities impacting communities of color. 

Sec. 29. Revenues for just transition assistance. 

Sec. 30. Economic revitalization for fossil fuel-dependent communities. 

Sec. 31. Evaluation by Comptroller General of the United States. 

6 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) Communities of color, low-income commu2 nities, Tribal and Indigenous communities, fossil 

3 fuel-dependent communities, and other vulnerable 

4 populations, such as persons with disabilities, chil5 dren, and the elderly, are disproportionately bur6 dened by environmental hazards that include expo7 sure to polluted air, waterways, and landscapes. 

8 (2) Environmental justice disparities are also 

9 exhibited through a lack of equitable access to green 

10 spaces, public recreation opportunities, and informa11 tion and data on potential exposure to environmental 

12 hazards. 

13 (3) Communities experiencing environmental in14 justice have been subjected to systemic racial, social, 

15 and economic injustices and face a disproportionate 

16 burden of adverse human health or environmental 

17 effects, a higher risk of intentional, unconscious, and 

18 structural discrimination, and disproportionate en19 ergy burdens. 

20 (4) Environmental justice communities have 

21 been made more vulnerable to the effects of climate 

22 change due to a combination of factors, particularly 

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1 tice communities to be meaningfully engaged as 

2 partners and stakeholders in government decision 

3 making as the United States builds its climate resil4 ience. 

5 (5) Potential environmental and climate threats 

6 to environmental justice communities merit a higher 

7 level of engagement, review, and consent to ensure 

8 that communities are not forced to bear dispropor9 tionate environmental and health impacts. 

10 (6) The burden of proof that a proposed action 

11 will not harm communities, including through cumu12 lative exposure effects, should fall on polluting in13 dustries and on the Federal Government in its regu14 latory role, not the communities themselves. 

15 (7) Executive Order 12898 (42 U.S.C. 4321 

16 note; relating to Federal actions to address environ17 mental justice in minority populations and low-in18 come populations) directs Federal agencies to ad19 dress disproportionately high and adverse human 

20 health or environmental effects of its programs, but 

21 Federal agencies have been inconsistent in updating 

22 their strategic plans for environmental justice and 

23 reporting on their progress in enacting those plans. 

24 (8) Government action to correct environmental 

25 injustices is a moral imperative. Federal policy can 


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1 and should improve public health and improve the 

2 overall well-being of all communities. 

3 (9) All people have the right to breathe clean 

4 air, drink clean water, live free of dangerous levels 

5 of toxic pollution, and share the benefits of a pros6 perous and vibrant pollution-free economy. 

7 (10) A fair and just transition to a pollution8 free economy is necessary to ensure that workers 

9 and communities in deindustrialized areas have ac10 cess to the resources and benefits of a sustainable 

11 future. That transition must also address the eco12 nomic disparities experienced by residents living in 

13 areas contaminated by pollution or environmental 

14 degradation, including access to jobs, and members 

15 of those communities must be fully and meaningfully 

16 involved in transition planning processes. 

17 (11) It is the responsibility of the Federal Gov18 ernment to seek to achieve environmental justice, 

19 health equity, and climate justice for all commu20 nities. 

21 (b) STATEMENT OF POLICY.—It is the policy of Con22 gress that each Federal agency should— 

23 (1) seek to achieve environmental justice as 

24 part of its mission by identifying and addressing, as 

25 appropriate, disproportionately adverse human 


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1 health or environmental effects of its programs, poli2 cies, practices, and activities on communities of 

3 color, low-income communities, and Tribal and In4 digenous communities in each State and territory of 

5 the United States; 

6 (2) promote meaningful involvement by commu7 nities and due process in the development, imple8 mentation, and enforcement of environmental laws; 

9 (3) provide direct guidance and technical assist10 ance to communities experiencing environmental in11 justice focused on increasing shared understanding 

12 of the science, laws, regulations, and policy related 

13 to Federal agency action on environmental justice 

14 issues; 

15 (4) cooperate with State governments, Indian 

16 Tribes, and local governments to address pollution 

17 and public health burdens in communities experi18 encing environmental injustice, and build healthy, 

19 sustainable, and resilient communities; and 

20 (5) recognize the right of all people to clean air, 

21 safe and affordable drinking water, protection from 

22 climate hazards, and the sustainable preservation of 

23 the ecological integrity and aesthetic, scientific, cul24 tural, and historical values of the natural environ25 ment. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 

7 Council’’ means the National Environmental Justice 

8 Advisory Council established by the President under 

9 section 19. 

10 (3) CLEARINGHOUSE.—The term ‘‘Clearing11 house’’ means the Environmental Justice Clearing12 house established by the Administrator under section 

13 20. 

14 (4) COMMUNITY OF COLOR.—The term ‘‘com15 munity of color’’ means a geographically distinct 

16 area in which the population of any of the following 

17 categories of individuals is higher than the average 

18 population of that category for the State in which 

19 the community is located: 

20 (A) Black. 

21 (B) African American. 

22 (C) Asian. 

23 (D) Pacific Islander. 

24 (E) Other non-White race. 

25 (F) Hispanic. 

26 (G) Latino. 


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1 (H) Linguistically isolated. 

2 (I) Middle Eastern and North African. 

3 (5) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the National Institute of Environ5 mental Health Sciences. 

6 (6) DISPARATE IMPACT.—The term ‘‘disparate 

7 impact’’ means an action or practice that, even if 

8 appearing neutral, actually has the effect of sub9 jecting persons to discrimination on the basis of 

10 race, color, or national origin. 

11 (7) DISPROPORTIONATE BURDEN OF ADVERSE

12 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 

13 The term ‘‘disproportionate burden of adverse 

14 human health or environmental effects’’ means a sit15 uation where there exists higher or more adverse 

16 human health or environmental effects on commu17 nities of color, low-income communities, and Tribal 

18 and Indigenous communities. 

19 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en20 vironmental justice’’ means the fair treatment and 

21 meaningful involvement of all people regardless of 

22 race, color, culture, national origin, or income, with 

23 respect to the development, implementation, and en24 forcement of environmental laws, regulations, and 

25 policies to ensure that each person enjoys— 


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1 (A) the same degree of protection from en2 vironmental and health hazards; and 

3 (B) equal access and involvement with re4 spect to any Federal agency action on environ5 mental justice issues in order to have a healthy 

6 environment in which to live, learn, work, and 

7 recreate. 

8 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 

9 The term ‘‘environmental justice community’’ means 

10 a community with significant representation of com11 munities of color, low-income communities, or Tribal 

12 and Indigenous communities, that experiences, or is 

13 at risk of experiencing higher or more adverse 

14 human health or environmental effects. 

15 (10) ENVIRONMENTAL LAW.—The term ‘‘envi16 ronmental law’’ includes— 

17 (A) the Clean Air Act (42 U.S.C. 7401 et 

18 seq.); 

19 (B) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.); 

21 (C) the Energy Policy Act of 2005 (42 

22 U.S.C. 15801 et seq.); 

23 (D) the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.); 


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1 (E) the Pollution Prevention Act of 1990 

2 (42 U.S.C. 13101 et seq.); 

3 (F) the Safe Drinking Water Act (42 

4 U.S.C. 300f et seq.); 

5 (G) the Solid Waste Disposal Act (42 

6 U.S.C. 6901 et seq.); 

7 (H) the Federal Insecticide, Fungicide, 

8 and Rodenticide Act (7 U.S.C. 136 et seq.); 

9 (I) the Toxic Substances Control Act (15 

10 U.S.C. 2601 et seq.); 

11 (J) the American Indian Religious Free12 dom Act (42 U.S.C. 1996 et seq.); and 

13 (K) the National Historic Preservation Act 

14 of 1966 (16 U.S.C. 470 et seq.). 

15 (11) FAIR TREATMENT.—The term ‘‘fair treat16 ment’’ means the conduct of a program, policy, prac17 tice, or activity by a Federal agency in a manner 

18 that ensures that no group of individuals (including 

19 racial, ethnic, or socioeconomic groups) experience a 

20 disproportionate burden of adverse human health or 

21 environmental effects resulting from such program, 

22 policy, practice, or activity, as determined through 

23 consultation with, and with the meaningful partici24 pation of, individuals from the communities affected 


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1 by a program, policy, practice, or activity of a Fed2 eral agency. 

3 (12) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 5304). 

7 (13) LOCAL GOVERNMENT.—The term ‘‘local 

8 government’’ means— 

9 (A) a county, municipality, city, town, 

10 township, local public authority, school district, 

11 special district, intrastate district, council of 

12 governments (regardless of whether the council 

13 of governments is incorporated as a nonprofit 

14 corporation under State law), regional or inter15 state governmental entity, or agency or instru16 mentality of a local government; or 

17 (B) an Indian Tribe or authorized Tribal 

18 organization, or Alaska Native village or organi19 zation. 

20 (14) LOW-INCOME COMMUNITY.—The term 

21 ‘‘low-income community’’ means any census block 

22 group in which 30 percent or more of the population 

23 are individuals with an annual household income 

24 equal to, or less than, the greater of— 


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1 (A) an amount equal to 80 percent of the 

2 median income of the area in which the house3 hold is located, as reported by the Department 

4 of Housing and Urban Development; and 

5 (B) 200 percent of the Federal poverty 

6 line. 

7 (15) POPULATION.—The term ‘‘population’’ 

8 means a census block group or series of geographi9 cally contiguous blocks representing certain common 

10 characteristics, such as race, ethnicity, national ori11 gin, income level, health disparities, or other public 

12 health and socioeconomic attributes. 

13 (16) STATE.—The term ‘‘State’’ means— 

14 (A) any State of the United States; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 (D) the United States Virgin Islands; 

18 (E) Guam; 

19 (F) American Samoa; and 

20 (G) the Commonwealth of the Northern 

21 Mariana Islands. 

22 (17) TRIBAL AND INDIGENOUS COMMUNITY.— 

23 The term ‘‘Tribal and Indigenous community’’ 

24 means a population of people who are members of— 

25 (A) a federally recognized Indian Tribe; 


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1 (B) a State-recognized Indian Tribe; 

2 (C) an Alaska Native community or orga3 nization; 

4 (D) a Native Hawaiian community or or5 ganization; or 

6 (E) any other Indigenous community lo7 cated in a State. 

8 (18) WHITE HOUSE INTERAGENCY COUNCIL.— 

9 The term ‘‘White House interagency council’’ means 

10 the White House Environmental Justice Interagency 

11 Council described in section 8. 

12 (19) TRIBAL ORGANIZATIONS.—The term 

13 ‘‘Tribal Organizations’’ means organizations that 

14 are— 

15 (A) defined in section 4 of the Indian Self16 Determination and Education Assistance Act 

17 (25 U.S.C. 450b); 

18 (B) Native Hawaiian Organizations or Na19 tive Hawaiian Non-Profit Organizations as de20 fined in section 2 of the Native American 

21 Graves Protection and Repatriation Act (25 

22 U.S.C. 3001); or 

23 (C) Urban Indian Organizations as defined 

24 in the Indian Health Care Improvement Act 

25 (25 U.S.C. 1603(29)). 


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1 SEC. 4. PROHIBITED DISCRIMINATION. 

2 Section 601 of the Civil Rights Act of 1964 (42 

3 U.S.C. 2000d) is amended— 

4 (1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(b)(1)(A) Discrimination (including exclusion from 

8 participation and denial of benefits) based on disparate 

9 impact is established under this title if— 

10 ‘‘(i) an entity subject to this title (referred to 

11 in this subsection as a ‘covered entity’) has a pro12 gram, policy, practice, or activity that causes a dis13 parate impact on the basis of race, color, or national 

14 origin and the covered entity fails to demonstrate 

15 that the challenged program, policy, practice, or ac16 tivity is related to and necessary to achieve the non17 discriminatory goal of the program, policy, practice, 

18 or activity alleged to have been operated in a dis19 criminatory manner; or 

20 ‘‘(ii) a less discriminatory alternative program, 

21 policy, practice, or activity exists, and the covered 

22 entity refuses to adopt such alternative program, 

23 policy, practice, or activity. 

24 ‘‘(B) With respect to demonstrating that a particular 

25 program, policy, practice, or activity does not cause a dis26 parate impact, the covered entity shall demonstrate that 


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1 each particular challenged program, policy, practice, or ac2 tivity does not cause a disparate impact, except that if 

3 the covered entity demonstrates to the courts that the ele4 ments of the covered entity’s decision-making process are 

5 not capable of separation for analysis, the decision-making 

6 process may be analyzed as 1 program, policy, practice, 

7 or activity. 

8 ‘‘(2) A demonstration that a program, policy, prac9 tice, or activity is necessary to achieve the goals of a pro10 gram, policy, practice, or activity may not be used as a 

11 defense against a claim of intentional discrimination under 

12 this title. 

13 ‘‘(3) In this subsection— 

14 ‘‘(A) the term ‘demonstrates’ means to meet 

15 the burdens of going forward with the evidence and 

16 of persuasion; and 

17 ‘‘(B) the term ‘disparate impact’ has the mean18 ing given the term in section 3 of the A. Donald 

19 McEachin Environmental Justice For All Act. 

20 ‘‘(c) No person in the United States shall be sub21 jected to discrimination, including retaliation or intimida22 tion, because such person opposed any program, policy, 

23 practice, or activity prohibited by this title, or because 

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1 pated in any manner in an investigation, proceeding, or 

2 hearing under this title.’’. 

3 SEC. 5. RIGHT OF ACTION. 

4 (a) IN GENERAL.—Section 602 of the Civil Rights 

5 Act of 1964 (42 U.S.C. 2000d–1) is amended— 

6 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de7 partment and agency which is empowered’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) Any person aggrieved by the failure to comply 

10 with this title, including any regulation promulgated pur11 suant to this title, may file suit in any district court of 

12 the United States having jurisdiction of the parties, with13 out respect to the amount in controversy and without re14 gard to the citizenship of the parties.’’. 

15 (b) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—This section, including the 

17 amendments made by this section, takes effect on 

18 the date of enactment of this Act. 

19 (2) APPLICATION.—This section, including the 

20 amendments made by this section, applies to all ac21 tions or proceedings pending on or after the date of 

22 enactment of this Act. 


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1 SEC. 6. RIGHTS OF RECOVERY. 

2 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

3 2000d et seq.) is amended by inserting after section 602 

4 the following: 

5 ‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 

6 ‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL

7 DISCRIMINATION.—In an action brought by an aggrieved 

8 person under this title against an entity subject to this 

9 title (referred to in this section as a ‘covered entity’) who 

10 has engaged in unlawful intentional discrimination (not a 

11 practice that is unlawful because of its disparate impact) 

12 prohibited under this title (including its implementing reg13 ulations), the aggrieved person may recover equitable and 

14 legal relief (including compensatory and punitive dam15 ages), attorney’s fees (including expert fees), and costs of 

16 the action, except that punitive damages are not available 

17 against a government, government agency, or political 

18 subdivision. 

19 ‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT

20 STANDARD OF PROOF.—In an action brought by an ag21 grieved person under this title against a covered entity 

22 who has engaged in unlawful discrimination based on dis23 parate impact prohibited under this title (including imple24 menting regulations), the aggrieved person may recover 

25 attorney’s fees (including expert fees), and costs of the 

26 action. 


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1 ‘‘(c) DEFINITIONS.—In this section: 

2 ‘‘(1) AGGRIEVED PERSON.—The term ‘ag3 grieved person’ means a person aggrieved by dis4 crimination on the basis of race, color, or national 

5 origin. 

6 ‘‘(2) DISPARATE IMPACT.—The term ‘disparate 

7 impact’ has the meaning given the term in section 

8 3 of the A. Donald McEachin Environmental Justice 

9 For All Act.’’. 

10 SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 

11 PERSISTENT VIOLATIONS IN CERTAIN PER12 MITTING DECISIONS. 

13 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

14 Section 402 of the Federal Water Pollution Control Act 

15 (33 U.S.C. 1342) is amended— 

16 (1) by striking the section designation and 

17 heading and all that follows through ‘‘Except as’’ in 

18 subsection (a)(1) and inserting the following: 

19 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI20 NATION SYSTEM. 

21 ‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 

22 ‘‘(1) IN GENERAL.—Except as’’; 

23 (2) in subsection (a)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘upon condition that 

2 such discharge will meet either (A) all’’ 

3 and inserting the following: ‘‘subject to the 

4 conditions that— 

5 ‘‘(A) the discharge will achieve compliance 

6 with, as applicable— 

7 ‘‘(i) all’’; 

8 (ii) by striking ‘‘403 of this Act, or 

9 (B) prior’’ and inserting the following: 

10 ‘‘403; or 

11 ‘‘(ii) prior’’; and 

12 (iii) by striking ‘‘this Act.’’ and insert13 ing the following: ‘‘this Act; and 

14 ‘‘(B) with respect to the issuance or re15 newal of the permit— 

16 ‘‘(i) based on an analysis by the Ad17 ministrator of existing water quality and 

18 the potential cumulative impacts (as de19 fined in section 501 of the Clean Air Act 

20 (42 U.S.C. 7661)) of the discharge, consid21 ered in conjunction with the designated 

22 and actual uses of the impacted navigable 

23 water, there exists a reasonable certainty 

24 of no harm to the health of the general 


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1 population, or to any potentially exposed or 

2 susceptible subpopulation; or 

3 ‘‘(ii) if the Administrator determines 

4 that, due to those potential cumulative im5 pacts, there does not exist a reasonable 

6 certainty of no harm to the health of the 

7 general population, or to any potentially 

8 exposed or susceptible subpopulation, the 

9 permit or renewal includes such terms and 

10 conditions as the Administrator determines 

11 to be necessary to ensure a reasonable cer12 tainty of no harm.’’; and 

13 (B) in paragraph (2), by striking ‘‘assure 

14 compliance with the requirements of paragraph 

15 (1) of this subsection, including conditions on 

16 data and information collection, reporting, and 

17 such other requirements as he deems appro18 priate.’’ and inserting the following: ‘‘ensure 

19 compliance with the requirements of paragraph 

20 (1), including— 

21 ‘‘(A) conditions relating to— 

22 ‘‘(i) data and information collection; 

23 ‘‘(ii) reporting; and 

24 ‘‘(iii) such other requirements as the Ad25 ministrator determines to be appropriate; and 


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1 ‘‘(B) additional controls or pollution prevention 

2 requirements.’’; and 

3 (3) in subsection (b)— 

4 (A) in each of paragraphs (1)(D), (2)(B), 

5 and (3) through (7), by striking the semicolon 

6 at the end and inserting a period; 

7 (B) in paragraph (8), by striking ‘‘; and’’ 

8 at the end and inserting a period; and 

9 (C) by adding at the end the following: 

10 ‘‘(10) To ensure that no permit will be issued or re11 newed if, with respect to an application for the permit, 

12 the State determines, based on an analysis by the State 

13 of existing water quality and the potential cumulative im14 pacts (as defined in section 501 of the Clean Air Act (42 

15 U.S.C. 7661)) of the discharge, considered in conjunction 

16 with the designated and actual uses of the impacted navi17 gable water, that the terms and conditions of the permit 

18 or renewal would not be sufficient to ensure a reasonable 

19 certainty of no harm to the health of the general popu20 lation, or to any potentially exposed or susceptible sub21 population.’’. 

22 (b) CLEAN AIR ACT.— 

23 (1) DEFINITIONS.—Section 501 of the Clean 

24 Air Act (42 U.S.C. 7661) is amended— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘As used in this title—’’ and insert3 ing ‘‘In this title:’’; 

4 (B) by redesignating paragraphs (2), (3), 

5 and (4) as paragraphs (3), (5), and (4), respec6 tively, and moving the paragraphs so as to ap7 pear in numerical order; and 

8 (C) by inserting after paragraph (1) the 

9 following: 

10 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu11 lative impacts’ means any exposure to a public 

12 health or environmental risk, or other effect occur13 ring in a specific geographical area, including from 

14 an emission, discharge, or release— 

15 ‘‘(A) including— 

16 ‘‘(i) environmental pollution re17 leased— 

18 ‘‘(I)(aa) routinely; 

19 ‘‘(bb) accidentally; or 

20 ‘‘(cc) otherwise; and 

21 ‘‘(II) from any source, whether 

22 single or multiple; and 

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1 seeable emissions and discharges affecting 

2 the geographical area; and 

3 ‘‘(B) evaluated taking into account sen4 sitive populations and other factors that may 

5 heighten vulnerability to environmental pollu6 tion and associated health risks, including so7 cioeconomic characteristics.’’. 

8 (2) PERMIT PROGRAMS.—Section 502(b) of the 

9 Clean Air Act (42 U.S.C. 7661a(b)) is amended— 

10 (A) in paragraph (5)— 

11 (i) in subparagraphs (A) and (C), by 

12 striking ‘‘assure’’ each place it appears and 

13 inserting ‘‘ensure’’; and 

14 (ii) by striking subparagraph (F) and 

15 inserting the following: 

16 ‘‘(F) ensure that no permit will be issued 

17 or renewed, as applicable, if— 

18 ‘‘(i) with respect to an application for 

19 a permit or renewal of a permit for a 

20 major source, the permitting authority de21 termines under paragraph (9)(A)(i)(II)(bb) 

22 that the terms and conditions of the per23 mit or renewal would not be sufficient to 

24 ensure a reasonable certainty of no harm 

25 to the health of the general population, or 


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1 to any potentially exposed or susceptible 

2 subpopulation, of the applicable census 

3 block groups or Tribal census block groups 

4 (as those terms are defined by the Director 

5 of the Bureau of the Census); or 

6 ‘‘(ii) the Administrator objects to the 

7 issuance of the permit in a timely manner 

8 under this title.’’; and 

9 (B) by striking paragraph (9) and insert10 ing the following: 

11 ‘‘(9) MAJOR SOURCES.— 

12 ‘‘(A) IN GENERAL.—With respect to any 

13 permit or renewal of a permit, as applicable, for 

14 a major source, a requirement that the permit15 ting authority shall— 

16 ‘‘(i) in determining whether to issue 

17 or renew the permit— 

18 ‘‘(I) evaluate the potential cumu19 lative impacts of the major source, as 

20 described in the applicable cumulative 

21 impacts analysis submitted under sec22 tion 503(b)(3), taking into consider23 ation other pollution sources and risk 

24 factors within a community; 


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1 ‘‘(II) if, due to those potential 

2 cumulative impacts, the permitting 

3 authority cannot determine that there 

4 exists a reasonable certainty of no 

5 harm to the health of the general pop6 ulation, or to any potentially exposed 

7 or susceptible subpopulation, of any 

8 census block groups or Tribal census 

9 block groups (as those terms are de10 fined by the Director of the Bureau of 

11 the Census) located in, or immediately 

12 adjacent to, the area in which the 

13 major source is, or is proposed to be, 

14 located— 

15 ‘‘(aa) include in the permit 

16 or renewal such standards and 

17 requirements (including addi18 tional controls or pollution pre19 vention requirements) as the per20 mitting authority determines to 

21 be necessary to ensure a reason22 able certainty of no such harm; 

23 or 

24 ‘‘(bb) if the permitting au25 thority determines that standards 


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1 and requirements described in 

2 item (aa) would not be sufficient 

3 to ensure a reasonable certainty 

4 of no such harm, deny the 

5 issuance or renewal of the per6 mit; 

7 ‘‘(III) determine whether the ap8 plicant is a persistent violator, based 

9 on such criteria relating to the history 

10 of compliance by an applicant with 

11 this Act as the Administrator shall es12 tablish by not later than 180 days 

13 after the date of enactment of the A. 

14 Donald McEachin Environmental Jus15 tice For All Act; 

16 ‘‘(IV) if the permitting authority 

17 determines under subclause (III) that 

18 the applicant is a persistent violator 

19 and the permitting authority does not 

20 deny the issuance or renewal of the 

21 permit pursuant to subclause 

22 (II)(bb)— 

23 ‘‘(aa) require the applicant 

24 to submit a plan that describes— 


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1 ‘‘(AA) if the applicant 

2 is not in compliance with 

3 this Act, measures the appli4 cant will carry out to 

5 achieve that compliance, to6 gether with an approximate 

7 deadline for that achieve8 ment; 

9 ‘‘(BB) measures the 

10 applicant will carry out, or 

11 has carried out to ensure the 

12 applicant will remain in 

13 compliance with this Act, 

14 and to mitigate the environ15 mental and health effects of 

16 noncompliance; and 

17 ‘‘(CC) the measures the 

18 applicant has carried out in 

19 preparing the plan to con20 sult or negotiate with the 

21 communities affected by 

22 each persistent violation ad23 dressed in the plan; and 

24 ‘‘(bb) once such a plan is 

25 submitted, determine whether the 


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1 plan is adequate to ensuring that 

2 the applicant— 

3 ‘‘(AA) will achieve com4 pliance with this Act expedi5 tiously; 

6 ‘‘(BB) will remain in 

7 compliance with this Act; 

8 ‘‘(CC) will mitigate the 

9 environmental and health ef10 fects of noncompliance; and 

11 ‘‘(DD) has solicited and 

12 responded to community 

13 input regarding the plan; 

14 and 

15 ‘‘(V) deny the issuance or re16 newal of the permit if the permitting 

17 authority determines that— 

18 ‘‘(aa) the plan submitted 

19 under subclause (IV)(aa) is inad20 equate; or 

21 ‘‘(bb)(AA) the applicant has 

22 submitted a plan on a prior occa23 sion, but continues to be a per24 sistent violator; and 


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1 ‘‘(BB) no indication exists 

2 of extremely exigent cir3 cumstances excusing the per4 sistent violations; and 

5 ‘‘(ii) in the case of such a permit with 

6 a term of 3 years or longer, require permit 

7 revisions in accordance with subparagraph 

8 (B). 

9 ‘‘(B) REVISION REQUIREMENTS.— 

10 ‘‘(i) DEADLINE.—A revision described 

11 in subparagraph (A)(ii) shall occur as ex12 peditiously as practicable and consistent 

13 with the procedures established under 

14 paragraph (6) but not later than 18 

15 months after the promulgation of such 

16 standards and regulations. 

17 ‘‘(ii) EXCEPTION.—A revision under 

18 this paragraph shall not be required if the 

19 effective date of the standards or regula20 tions is a date after the expiration of the 

21 permit term. 

22 ‘‘(iii) TREATMENT AS RENEWAL.—A 

23 permit revision under this paragraph shall 

24 be treated as a permit renewal if it comVerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705

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1 plies with the requirements of this title re2 garding renewals.’’. 

3 (3) PERMIT APPLICATIONS.—Section 503(b) of 

4 the Clean Air Act (42 U.S.C. 7661b(b)) is amended 

5 by adding at the end the following: 

6 ‘‘(3) MAJOR SOURCE ANALYSES.—The regula7 tions required by section 502(b) shall include a re8 quirement that an applicant for a permit or renewal 

9 of a permit for a major source shall submit, together 

10 with the compliance plan required under this sub11 section, a cumulative impacts analysis for each cen12 sus block group or Tribal census block group (as 

13 those terms are defined by the Director of the Bu14 reau of the Census) located in, or immediately adja15 cent to, the area in which the major source is, or is 

16 proposed to be, located that analyzes— 

17 ‘‘(A) community demographics and loca18 tions of community exposure points, such as 

19 schools, day care centers, nursing homes, hos20 pitals, health clinics, places of religious worship, 

21 parks, playgrounds, and community centers; 

22 ‘‘(B) air quality and the potential effect on 

23 that air quality of emissions of air pollutants 

24 (including pollutants listed under section 108 or 


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1 112) from the major source, including in com2 bination with existing sources of pollutants; 

3 ‘‘(C) the potential effects on soil quality 

4 and water quality of emissions of lead and other 

5 air pollutants that could contaminate soil or 

6 water from the major source, including in com7 bination with existing sources of pollutants; and 

8 ‘‘(D) public health and any potential ef9 fects on public health from the major source.’’. 

10 SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTER11 AGENCY COUNCIL. 

12 (a) IN GENERAL.—The President shall maintain 

13 within the Executive Office of the President a White 

14 House Environmental Justice Interagency Council. 

15 (b) PURPOSES.—The purposes of the White House 

16 interagency council are— 

17 (1) to improve coordination and collaboration 

18 among Federal agencies and to help advise and as19 sist Federal agencies in identifying and addressing, 

20 as appropriate, the disproportionate human health 

21 and environmental effects of Federal programs, poli22 cies, practices, and activities on communities of 

23 color, low-income communities, and Tribal and In24 digenous communities; 


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1 (2) to promote meaningful involvement and due 

2 process in the development, implementation, and en3 forcement of environmental laws; 

4 (3) to coordinate with, and provide direct guid5 ance and technical assistance to, environmental jus6 tice communities, with a focus on capacity building 

7 and increasing community understanding of the 

8 science, regulations, and policy related to Federal 

9 agency actions on environmental justice issues; 

10 (4) to address environmental health, pollution, 

11 and public health burdens in environmental justice 

12 communities, and build healthy, sustainable, and re13 silient communities; and 

14 (5) to develop and update a strategy to address 

15 current and historical environmental injustice, in 

16 consultation with the National Environmental Jus17 tice Advisory Council and local environmental justice 

18 leaders, that includes— 

19 (A) clear performance metrics to ensure 

20 accountability; and 

21 (B) an annually published public perform22 ance scorecard on the implementation of the 

23 White House interagency council. 


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1 (c) COMPOSITION.—The White House interagency 

2 council shall be composed of members as follows (or their 

3 designee): 

4 (1) The Secretary of Agriculture. 

5 (2) The Secretary of Commerce. 

6 (3) The Secretary of Defense. 

7 (4) The Secretary of Education. 

8 (5) The Secretary of Energy. 

9 (6) The Secretary of Health and Human Serv10 ices. 

11 (7) The Secretary of Homeland Security. 

12 (8) The Secretary of Housing and Urban Devel13 opment. 

14 (9) The Secretary of the Interior. 

15 (10) The Attorney General. 

16 (11) The Secretary of Labor. 

17 (12) The Secretary of Transportation. 

18 (13) The Administrator of the Environmental 

19 Protection Agency. 

20 (14) The Director of the Office of Management 

21 and Budget. 

22 (15) The Director of the Office of Science and 

23 Technology Policy. 

24 (16) The Deputy Assistant to the President for 

25 Environmental Policy. 


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1 (17) The Assistant to the President for Domes2 tic Policy. 

3 (18) The Director of the National Economic 

4 Council. 

5 (19) The Chairperson of the Council on Envi6 ronmental Quality. 

7 (20) The Chairperson of the Council of Eco8 nomic Advisers. 

9 (21) The Director of the National Institutes of 

10 Health. 

11 (22) The Director of the Office of Environ12 mental Justice. 

13 (23) The Chairperson of the Consumer Product 

14 Safety Commission. 

15 (24) The Chairperson of the Chemical Safety 

16 Board. 

17 (25) The Director of the National Park Service. 

18 (26) The Assistant Secretary of the Bureau of 

19 Indian Affairs. 

20 (27) The Chairperson of the National Environ21 mental Justice Advisory Council. 

22 (28) The head of any other agency that the 

23 President may designate. 


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1 (d) GOVERNANCE.—The Chairperson of the Council 

2 on Environmental Quality shall serve as Chairperson of 

3 the White House interagency council. 

4 (e) REPORTING TO PRESIDENT.—The White House 

5 interagency council shall report to the President through 

6 the Chairperson of the Council on Environmental Quality. 

7 (f) UNIFORM CONSIDERATION GUIDANCE.— 

8 (1) IN GENERAL.—To ensure that there is a 

9 common level of understanding of terminology used 

10 in dealing with environmental justice issues, not 

11 later than 1 year after the date of enactment of this 

12 Act, after coordinating with and conducting outreach 

13 to environmental justice communities, State govern14 ments, Indian Tribes, and local governments, the 

15 White House interagency council shall develop and 

16 publish in the Federal Register a guidance document 

17 to assist Federal agencies in defining and applying 

18 the following terms: 

19 (A) Health disparities. 

20 (B) Environmental exposure disparities. 

21 (C) Demographic characteristics, including 

22 age, sex, and race or ethnicity. 

23 (D) Social stressors, including poverty, 

24 housing quality, access to health care, edu25 cation, immigration status, linguistic isolation, 


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1 historical trauma, and lack of community re2 sources. 

3 (E) Cumulative impacts or risks. 

4 (F) Community vulnerability or suscepti5 bility to adverse human health and environ6 mental effects (including climate change). 

7 (G) Barriers to meaningful involvement in 

8 the development, implementation, and enforce9 ment of environmental laws. 

10 (H) Community capacity to address envi11 ronmental concerns, including the capacity to 

12 obtain equitable access to environmental amen13 ities. 

14 (2) PUBLIC COMMENT.—For a period of not 

15 less than 30 days, the White House interagency 

16 council shall seek public comment on the guidance 

17 document developed under paragraph (1). 

18 (3) DOCUMENTATION.—Not later than 90 days 

19 after the date of publication of the guidance docu20 ment under paragraph (1), the head of each Federal 

21 agency participating in the White House interagency 

22 council shall document the ways in which the Fed23 eral agency will incorporate guidance from the docu24 ment into the environmental justice strategy of the 


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1 Federal agency developed and finalized under section 

2 9(b). 

3 (g) DEVELOPMENT OF INTERAGENCY FEDERAL EN4 VIRONMENTAL JUSTICE STRATEGY.— 

5 (1) IN GENERAL.—Not less frequently than 

6 once every 3 years, after notice and opportunity for 

7 public comment, the White House interagency coun8 cil shall update a coordinated interagency Federal 

9 environmental justice strategy to address current 

10 and historical environmental injustice. 

11 (2) DEVELOPMENT OF STRATEGY.—In carrying 

12 out paragraph (1), the White House interagency 

13 council shall— 

14 (A) consider the most recent environmental 

15 justice strategy of each Federal agency that 

16 participates in the White House interagency 

17 council that is developed and finalized under 

18 section 9(b); 

19 (B) consult with the National Environ20 mental Justice Advisory Council and local envi21 ronmental justice leaders; and 

22 (C) include in the interagency Federal en23 vironmental justice strategy clear performance 

24 metrics to ensure accountability. 


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1 (3) ANNUAL PERFORMANCE SCORECARD.—The 

2 White House interagency council shall annually pub3 lish a public performance scorecard on the imple4 mentation of the interagency Federal environmental 

5 justice strategy. 

6 (h) SUBMISSION OF REPORT TO PRESIDENT.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after updating the interagency Federal environ9 mental justice strategy under subsection (g)(1), the 

10 White House interagency council shall submit to the 

11 President a report that contains— 

12 (A) a description of the implementation of 

13 the interagency Federal environmental justice 

14 strategy; and 

15 (B) a copy of the finalized environmental 

16 justice strategy of each Federal agency that 

17 participates in the White House interagency 

18 council that is developed and finalized under 

19 section 9(b). 

20 (2) PUBLIC AVAILABILITY.—The head of each 

21 Federal agency that participates in the White House 

22 interagency council shall make the report described 

23 in paragraph (1) available to the public (including 

24 by posting a copy of the report on the website of 

25 each Federal agency). 


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1 (i) ADMINISTRATION.— 

2 (1) OFFICE OF ADMINISTRATION.—The Office 

3 of Administration within the Executive Office of the 

4 President shall provide funding and administrative 

5 support for the White House interagency council, to 

6 the extent permitted by law and within existing ap7 propriations. 

8 (2) OTHER AGENCIES.—To the extent per9 mitted by law, including section 1535 of title 31, 

10 United States Code (commonly known as the ‘‘Econ11 omy Act’’), and subject to the availability of appro12 priations, the Secretary of Labor, the Secretary of 

13 Transportation, and the Administrator of the Envi14 ronmental Protection Agency shall provide adminis15 trative support for the White House interagency 

16 council, as necessary. 

17 (j) MEETINGS AND STAFF.— 

18 (1) CHAIRPERSON.—The Chairperson of the 

19 Council on Environmental Quality shall— 

20 (A) convene regular meetings of the White 

21 House interagency council; 

22 (B) determine the agenda of the White 

23 House interagency council in accordance with 

24 this section; and 


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1 (C) direct the work of the White House 

2 interagency council. 

3 (2) EXECUTIVE DIRECTOR.—The Chairperson 

4 of the Council on Environmental Quality shall des5 ignate an Executive Director of the White House 

6 interagency council, who shall coordinate the work 

7 of, and head any staff assigned to, the White House 

8 interagency council. 

9 (k) OFFICERS.—To facilitate the work of the White 

10 House interagency council, the head of each agency de11 scribed in subsection (c) shall assign a designated official 

12 within the agency to be an Environmental Justice Officer, 

13 with the authority— 

14 (1) to represent the agency on the White House 

15 interagency council; and 

16 (2) to perform such other duties relating to the 

17 implementation of this section within the agency as 

18 the head of the agency determines to be appropriate. 

19 (l) ESTABLISHMENT OF SUBGROUPS.—At the direc20 tion of the Chairperson of the Council on Environmental 

21 Quality, the White House interagency council may estab22 lish 1 or more subgroups consisting exclusively of White 

23 House interagency council members or their designees 

24 under this section, as appropriate. 


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1 SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBIL2 ITIES. 

3 (a) CONDUCT OF PROGRAMS.—Each Federal agency 

4 that participates in the White House interagency council 

5 shall conduct each program, policy, practice, and activity 

6 of the Federal agency that adversely affects, or has the 

7 potential to adversely affect, human health or the environ8 ment in a manner that ensures that each such program, 

9 policy, practice, or activity does not have an effect of ex10 cluding any individual from participating in, denying any 

11 individual the benefits of, or subjecting any individual to 

12 discrimination or disparate impact under, such program, 

13 policy, practice, or activity of the Federal agency on the 

14 basis of the race, color, national origin, or income level 

15 of the individual. 

16 (b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE

17 STRATEGIES.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, and after notice 

20 and opportunity for public comment, each Federal 

21 agency that participates in the White House inter22 agency council shall develop and finalize an agency23 wide environmental justice strategy that— 

24 (A) identifies staff to support implementa25 tion of the Federal agency’s environmental jus26 tice strategy; 


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1 (B) identifies and addresses any dispropor2 tionately high or adverse human health or envi3 ronmental effects of its programs, policies, 

4 practices, and activities on— 

5 (i) communities of color; 

6 (ii) low-income communities; and 

7 (iii) Tribal and Indigenous commu8 nities; and 

9 (C) complies with each requirement de10 scribed in paragraph (2). 

11 (2) CONTENTS.—Each environmental justice 

12 strategy developed by a Federal agency under para13 graph (1) shall contain— 

14 (A) an assessment that identifies each pro15 gram, policy, practice, and activity (including 

16 any public participation process) of the Federal 

17 agency, relating to human health or the envi18 ronment that the Federal agency determines 

19 should be revised— 

20 (i) to ensure that all persons have the 

21 same degree of protection from environ22 mental and health hazards; 

23 (ii) to ensure meaningful public in24 volvement and due process in the developVerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705

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1 ment, implementation, and enforcement of 

2 all Federal laws; 

3 (iii) to improve direct guidance and 

4 technical assistance to environmental jus5 tice communities with respect to the under6 standing of the science, regulations, and 

7 policy related to Federal agency action on 

8 environmental justice issues; 

9 (iv) to improve awareness of environ10 mental justice issues relating to agency ac11 tivities, including awareness among im12 pacted parents and children in environ13 mental justice communities; 

14 (v) to improve cooperation with State 

15 governments, Indian Tribes, and local gov16 ernments to address pollution and public 

17 health burdens in environmental justice 

18 communities, and build healthy, sustain19 able, and resilient communities; 

20 (vi) to improve Federal research and 

21 data collection efforts related to— 

22 (I) the health and environment of 

23 communities of color, low-income com24 munities, and Tribal and Indigenous 

25 communities; 


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1 (II) climate change; and 

2 (III) the inequitable distribution 

3 of burdens and benefits of the man4 agement and use of natural resources, 

5 including water, minerals, and land; 

6 and 

7 (vii) to reduce or eliminate dispropor8 tionately adverse human health or environ9 mental effects on communities of color, 

10 low-income communities, and Tribal and 

11 Indigenous communities; and 

12 (B) a timetable for the completion of— 

13 (i) each revision identified under sub14 paragraph (A); and 

15 (ii) an assessment of the economic 

16 and social implications of each revision 

17 identified under subparagraph (A). 

18 (3) REPORTS.— 

19 (A) ANNUAL REPORTS.—Not later than 2 

20 years after the finalization of an environmental 

21 justice strategy under this subsection, and an22 nually thereafter, a Federal agency that partici23 pates in the White House interagency council 

24 shall submit to the White House interagency 

25 council a report describing the progress of the 


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1 Federal agency in implementing the environ2 mental justice strategy of the Federal agency. 

3 (B) PERIODIC REPORTS.—In addition to 

4 the annual reports described in subparagraph 

5 (A), upon receipt of a request from the White 

6 House interagency council, a Federal agency 

7 shall submit to the White House interagency 

8 council a report that contains such information 

9 as the White House interagency council may re10 quire. 

11 (4) REVISION OF AGENCYWIDE ENVIRON12 MENTAL JUSTICE STRATEGY.—Not later than 5 

13 years after the date of enactment of this Act, each 

14 Federal agency that participates in the White House 

15 interagency council shall— 

16 (A) evaluate and revise the environmental 

17 justice strategy of the Federal agency; and 

18 (B) submit to the White House inter19 agency council a copy of the revised version of 

20 the environmental justice strategy of the Fed21 eral agency. 

22 (5) PETITION.— 

23 (A) IN GENERAL.—The head of a Federal 

24 agency may submit to the President a petition 

25 for an exemption of any requirement described 


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1 in this section with respect to any program or 

2 activity of the Federal agency if the head of the 

3 Federal agency determines that complying with 

4 such requirement would compromise the agen5 cy’s ability to carry out its core missions. 

6 (B) AVAILABILITY TO PUBLIC.—Each peti7 tion submitted by a Federal agency to the 

8 President under subparagraph (A) shall be 

9 made available to the public (including through 

10 a description of the petition on the website of 

11 the Federal agency). 

12 (C) CONSIDERATION.—In determining 

13 whether to grant a petition for an exemption 

14 submitted by a Federal agency to the President 

15 under subparagraph (A), the President shall 

16 make a decision that reflects both the merits of 

17 the specific case and the broader national inter18 est in breaking cycles of environmental injus19 tice, and shall consider whether the granting of 

20 the petition would likely— 

21 (i) result in disproportionately adverse 

22 human health or environmental effects on 

23 communities of color, low-income commu24 nities, and Tribal and Indigenous commu25 nities; or 


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1 (ii) exacerbate, or fail to ameliorate, 

2 any disproportionately adverse human 

3 health or environmental effect on any com4 munity of color, low-income community, or 

5 Tribal and Indigenous community. 

6 (D) APPEAL.— 

7 (i) IN GENERAL.—Not later than 90 

8 days after the date on which the President 

9 approves a petition under this paragraph, 

10 an individual may appeal the decision of 

11 the President to approve the petition. 

12 (ii) WRITTEN APPEAL.— 

13 (I) IN GENERAL.—To appeal a 

14 decision of the President under clause 

15 (i), an individual shall submit a writ16 ten appeal to— 

17 (aa) the Council on Environ18 mental Quality; 

19 (bb) the Deputy Assistant to 

20 the President for Environmental 

21 Policy; or 

22 (cc) the Assistant to the 

23 President for Domestic Policy. 

24 (II) CONTENTS.—A written ap25 peal shall contain a description of 


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1 each reason why the exemption that is 

2 the subject of the petition is unneces3 sary. 

4 (iii) REQUIREMENT OF PRESIDENT.— 

5 Not later than 90 days after the date on 

6 which an agency or officer described in 

7 clause (ii)(I) receives a written appeal sub8 mitted by an individual under that clause, 

9 the President shall provide to the indi10 vidual a written notification describing the 

11 decision of the President with respect to 

12 the appeal. 

13 (c) HUMAN HEALTH AND ENVIRONMENTAL RE14 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

15 (1) RESEARCH.—Each Federal agency, to the 

16 maximum extent practicable and permitted by appli17 cable law, shall— 

18 (A) in conducting environmental, public ac19 cess, or human health research, include diverse 

20 segments of the population in epidemiological 

21 and clinical studies, including segments at high 

22 risk from environmental hazards, such as com23 munities of color, low-income communities, and 

24 Tribal and Indigenous communities; 


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1 (B) in conducting environmental or human 

2 health analyses, identify multiple and cumu3 lative exposures, including potentially exacer4 bated risks due to current and future climate 

5 impacts; and 

6 (C) actively encourage and solicit commu7 nity-based science, and provide to communities 

8 of color, low-income communities, and Tribal 

9 and Indigenous communities the opportunity to 

10 comment on and participate in the development 

11 and design of research strategies carried out 

12 pursuant to this Act. 

13 (2) DISPROPORTIONATE IMPACT.—To the max14 imum extent practicable and permitted by applicable 

15 law (including section 552a of title 5, United States 

16 Code (commonly known as the ‘‘Privacy Act’’)), each 

17 Federal agency shall— 

18 (A) collect, maintain, and analyze informa19 tion assessing and comparing environmental 

20 and human health risks borne by populations 

21 identified by race, national origin, income, or 

22 other readily available and appropriate informa23 tion; and 

24 (B) use that information to determine 

25 whether the programs, policies, and activities of 


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1 the Federal agency have disproportionally ad2 verse human health or environmental effects on 

3 communities of color, low-income communities, 

4 and Tribal and Indigenous communities. 

5 (3) INFORMATION RELATING TO NON-FEDERAL

6 FACILITIES.—In connection with the implementation 

7 of Federal agency environmental justice strategies 

8 under subsection (b), each Federal agency, to the 

9 maximum extent practicable and permitted by appli10 cable law, shall collect, maintain, and analyze infor11 mation relating to the race, national origin, and in12 come level, and other readily accessible and appro13 priate information, for communities of color, low-in14 come communities, and Tribal and Indigenous com15 munities in proximity to any facility or site expected 

16 to have a substantial environmental, human health, 

17 or economic effect on the surrounding populations, if 

18 the facility or site becomes the subject of a substan19 tial Federal environmental administrative or judicial 

20 action. 

21 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

22 Federal agency, to the maximum extent practicable 

23 and permitted by applicable law, shall collect, main24 tain, and analyze information relating to the race, 

25 national origin, and income level, and other readily 


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1 accessible and appropriate information, for commu2 nities of color, low-income communities, and Tribal 

3 and Indigenous communities in proximity to any fa4 cility of the Federal agency that is— 

5 (A) subject to the reporting requirements 

6 under the Emergency Planning and Community 

7 Right-to-Know Act of 1986 (42 U.S.C. 11001 

8 et seq.), as required by Executive Order 12898 

9 (42 U.S.C. 4321 note; relating to Federal ac10 tions to address environmental justice in minor11 ity populations and low-income populations); 

12 and 

13 (B) expected to have a substantial environ14 mental, human health, or economic effect on 

15 surrounding populations. 

16 (d) CONSUMPTION OF FISH AND WILDLIFE.— 

17 (1) IN GENERAL.—Each Federal agency shall 

18 develop, publish (unless prohibited by law), and re19 vise, as practicable and appropriate, guidance on ac20 tions of the Federal agency that will impact fish and 

21 wildlife consumed by populations that principally 

22 rely on fish or wildlife for subsistence. 

23 (2) REQUIREMENT.—The guidance described in 

24 paragraph (1) shall— 


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1 (A) reflect the latest scientific information 

2 available concerning methods for evaluating the 

3 human health risks associated with the con4 sumption of pollutant-bearing fish or wildlife; 

5 and 

6 (B) publish the risks of such consumption 

7 patterns. 

8 (e) MAPPING AND SCREENING TOOL.—The Adminis9 trator shall make available to the public an environmental 

10 justice mapping and screening tool (such as EJScreen or 

11 an equivalent tool) that includes, at a minimum, the fol12 lowing features: 

13 (1) Nationally consistent data. 

14 (2) Environmental data. 

15 (3) Demographic data, including data relating 

16 to race, ethnicity, and income. 

17 (4) Capacity to produce maps and reports by 

18 geographical area. 

19 (5) Data on national parks and other federally 

20 protected natural, historic, and cultural sites. 

21 (f) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

22 Any person may commence a civil action— 

23 (1) to seek relief from, or to compel, an agency 

24 action under this section (including regulations pro25 mulgated pursuant to this section); or 


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1 (2) otherwise to ensure compliance with this 

2 section (including regulations promulgated pursuant 

3 to this section). 

4 (g) INFORMATION SHARING.—In carrying out this 

5 section, each Federal agency, to the maximum extent 

6 practicable and permitted by applicable law, shall share 

7 information and eliminate unnecessary duplication of ef8 forts through the use of existing data systems and cooper9 ative agreements among Federal agencies and with State 

10 governments, local governments, and Indian Tribes. 

11 (h) CODIFICATION OF GUIDANCE.— 

12 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

13 Sections II and III of the guidance issued by the 

14 Council on Environmental Quality entitled ‘‘Environ15 mental Justice Guidance Under the National Envi16 ronmental Policy Act’’ and dated December 10, 

17 1997, are enacted into law. 

18 (2) ENVIRONMENTAL PROTECTION AGENCY.— 

19 The guidance issued by the Environmental Protec20 tion Agency entitled ‘‘EPA Policy on Consultation 

21 and Coordination with Indian Tribes: Guidance for 

22 Discussing Tribal Treaty Rights’’ and dated Feb23 ruary 2016 is enacted into law. 


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1 SEC. 10. OMBUDS. 

2 (a) ESTABLISHMENT.—The Administrator shall es3 tablish within the Environmental Protection Agency a po4 sition of Environmental Justice Ombuds. 

5 (b) REPORTING.—The Environmental Justice 

6 Ombuds shall— 

7 (1) report directly to the Administrator; and 

8 (2) not be required to report to the Office of 

9 Environmental Justice of the Environmental Protec10 tion Agency. 

11 (c) FUNCTIONS.—The Environmental Justice 

12 Ombuds shall— 

13 (1) in coordination with the Inspector General 

14 of the Environmental Protection Agency, establish 

15 an independent, neutral, accessible, confidential, and 

16 standardized process— 

17 (A) to receive, review, and process com18 plaints and allegations with respect to environ19 mental justice programs and activities of the 

20 Environmental Protection Agency; and 

21 (B) to assist individuals in resolving com22 plaints and allegations described in subpara23 graph (A), including training on restorative jus24 tice and conflict resolution; 

25 (2) identify and thereafter review, examine, and 

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1 dress recurring and chronic complaints regarding 

2 specific environmental justice programs and activi3 ties of the Environmental Protection Agency identi4 fied by the Ombuds pursuant to paragraph (1); 

5 (3) review the Environmental Protection Agen6 cy’s compliance with policies and standards of the 

7 Environmental Protection Agency with respect to its 

8 environmental justice programs and activities; and 

9 (4) produce an annual report that details the 

10 findings of the regional staff, feedback received from 

11 environmental justice communities, and rec12 ommendations to increase cooperation between the 

13 Environmental Protection Agency and environmental 

14 justice communities. 

15 (d) AVAILABILITY OF REPORT.—The Administrator 

16 shall make each report produced pursuant to subsection 

17 (c) available to the public (including by posting a copy of 

18 the report on the website of the Environmental Protection 

19 Agency). 

20 (e) REGIONAL STAFF.— 

21 (1) AUTHORITY OF ENVIRONMENTAL JUSTICE

22 OMBUDS.—The Administrator shall allow the Envi23 ronmental Justice Ombuds to hire such staff as the 

24 Environmental Justice Ombuds determines to be 

25 necessary to carry out at each regional office of the 


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1 Environmental Protection Agency the functions of 

2 the Environmental Justice Ombuds described in sub3 section (c). 

4 (2) PURPOSES.—Staff hired pursuant to para5 graph (1) shall— 

6 (A) foster cooperation between the Envi7 ronmental Protection Agency and environ8 mental justice communities; 

9 (B) consult with environmental justice 

10 communities on the development of policies and 

11 programs of the Environmental Protection 

12 Agency; 

13 (C) receive feedback from environmental 

14 justice communities on the performance of the 

15 Environmental Protection Agency; and 

16 (D) compile and submit to the Environ17 mental Justice Ombuds such information as 

18 may be necessary for the Ombuds to produce 

19 the annual report described in subsection (c). 

20 (3) FULL-TIME POSITION.—Each individual 

21 hired by the Environmental Justice Ombuds under 

22 paragraph (1) shall be hired as a full-time employee 

23 of the Environmental Protection Agency. 


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1 SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB2 LIC RECREATION OPPORTUNITIES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means an entity that represents or otherwise 

6 serves a qualifying urban area. 

7 (2) ELIGIBLE NONPROFIT ORGANIZATION.—The 

8 term ‘‘eligible nonprofit organization’’ means an or9 ganization that is described in section 501(c)(3) of 

10 the Internal Revenue Code of 1986 and is exempt 

11 from taxation under section 501(a) of such Code. 

12 (3) ENTITY.—The term ‘‘entity’’ means— 

13 (A) a State; 

14 (B) a political subdivision of a State, in15 cluding— 

16 (i) a city; 

17 (ii) a county; and 

18 (iii) a special purpose district that 

19 manages open space, including a park dis20 trict; and 

21 (C) an Indian Tribe, urban Indian organi22 zation, or Alaska Native or Native Hawaiian 

23 community or organization. 

24 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

25 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (5) LOW-INCOME COMMUNITY.—The term ‘‘low4 income community’’ means any census block group 

5 in which 30 percent or more of the population are 

6 individuals with an annual household equal to, or 

7 less than, the greater of— 

8 (A) an amount equal to 80 percent of the 

9 median income of the area in which the house10 hold is located, as reported by the Department 

11 of Housing and Urban Development; and 

12 (B) an amount equal to 200 percent of the 

13 Federal poverty line. 

14 (6) OUTDOOR RECREATION LEGACY PARTNER15 SHIP PROGRAM.—The term ‘‘Outdoor Recreation 

16 Legacy Partnership Program’’ means the program 

17 established under subsection (b)(1). 

18 (7) QUALIFYING URBAN AREA.—The term 

19 ‘‘qualifying urban area’’ means— 

20 (A) an urbanized area or urban cluster 

21 that has a population of 25,000 or more in the 

22 most recent census; 

23 (B) 2 or more adjacent urban clusters with 

24 a combined population of 25,000 or more in the 

25 most recent census; or 


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1 (C) an area administered by an Indian 

2 Tribe or an Alaska Native or Native Hawaiian 

3 community organization. 

4 (8) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (9) STATE.—The term ‘‘State’’ means each of 

7 the several States, the District of Columbia, and 

8 each territory of the United States. 

9 (b) GRANTS AUTHORIZED.— 

10 (1) ESTABLISHMENT OF PROGRAM.— 

11 (A) IN GENERAL.—The Secretary shall es12 tablish an outdoor recreation legacy partnership 

13 program under which the Secretary may award 

14 grants to eligible entities for projects— 

15 (i) to acquire land and water for 

16 parks and other outdoor recreation pur17 poses in qualifying urban areas; and 

18 (ii) to develop new or renovate exist19 ing outdoor recreation facilities that pro20 vide outdoor recreation opportunities to the 

21 public in qualifying urban areas. 

22 (B) PRIORITY.—In awarding grants to eli23 gible entities under subparagraph (A), the Sec24 retary shall give priority to projects that— 


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1 (i) create or significantly enhance ac2 cess to park and recreational opportunities 

3 in an urban neighborhood or community; 

4 (ii) engage and empower underserved 

5 communities and youth; 

6 (iii) provide employment or job train7 ing opportunities for youth or underserved 

8 communities; 

9 (iv) establish or expand public-private 

10 partnerships, with a focus on leveraging re11 sources; and 

12 (v) take advantage of coordination 

13 among various levels of government. 

14 (2) MATCHING REQUIREMENT.— 

15 (A) IN GENERAL.—As a condition of re16 ceiving a grant under paragraph (1), an eligible 

17 entity shall provide matching funds in the form 

18 of cash or an in-kind contribution in an amount 

19 equal to not less than 100 percent of the 

20 amounts made available under the grant. 

21 (B) WAIVER.—The Secretary may waive 

22 all or part of the matching requirement under 

23 subparagraph (A) if the Secretary determines 

24 that— 


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1 (i) no reasonable means are available 

2 through which the eligible entity can meet 

3 the matching requirement; and 

4 (ii) the probable benefit of the project 

5 outweighs the public interest in the match6 ing requirement. 

7 (C) ADMINISTRATIVE EXPENSES.—Not 

8 more than 10 percent of funds provided to an 

9 eligible entity under a grant awarded under 

10 paragraph (1) may be used for administrative 

11 expenses. 

12 (3) CONSIDERATIONS.—In awarding grants to 

13 eligible entities under paragraph (1), the Secretary 

14 shall consider the extent to which a project would— 

15 (A) provide recreation opportunities in un16 derserved communities in which access to parks 

17 is not adequate to meet local needs; 

18 (B) provide opportunities for outdoor 

19 recreation and public land volunteerism; 

20 (C) support innovative or cost-effective 

21 ways to enhance parks and other recreation— 

22 (i) opportunities; or 

23 (ii) delivery of services; 

24 (D) support park and recreation program25 ming provided by cities, including cooperative 


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1 agreements with community-based eligible non2 profit organizations; 

3 (E) develop Native American event sites 

4 and cultural gathering spaces; 

5 (F) expand access to parks and rec6 reational opportunities for Americans of all 

7 abilities; and 

8 (G) provide benefits such as community re9 silience, reduction of urban heat islands, en10 hanced water or air quality, or habitat for fish 

11 or wildlife. 

12 (4) ELIGIBLE USES.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), a grant recipient may use a grant 

15 awarded under paragraph (1) for a project de16 scribed in subparagraph (A) or (B) of that 

17 paragraph. 

18 (B) LIMITATIONS ON USE.—A grant recipi19 ent may not use grant funds for— 

20 (i) incidental costs related to land ac21 quisition, including appraisal and titling; 

22 (ii) operation and maintenance activi23 ties; 

24 (iii) facilities that support 

25 semiprofessional or professional athletics; 


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1 (iv) indoor facilities, such as recre2 ation centers or facilities that support pri3 marily non-outdoor purposes; or 

4 (v) acquisition of land or interests in 

5 land that restrict access to specific per6 sons. 

7 (c) REVIEW AND EVALUATION REQUIREMENTS.—In 

8 carrying out the Outdoor Recreation Legacy Partnership 

9 Program, the Secretary shall— 

10 (1) conduct an initial screening and technical 

11 review of applications received; 

12 (2) evaluate and score all qualifying applica13 tions; and 

14 (3) provide culturally and linguistically appro15 priate information to eligible entities (including low16 income communities and eligible entities serving low17 income communities) on— 

18 (A) the opportunity to apply for grants 

19 under this section; 

20 (B) the application procedures by which el21 igible entities may apply for grants under this 

22 section; and 

23 (C) eligible uses for grants under this sec24 tion. 

25 (d) REPORTING.— 


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1 (1) ANNUAL REPORTS.—Not later than 30 days 

2 after the last day of each report period, each State 

3 lead agency that receives a grant under this section 

4 shall annually submit to the Secretary performance 

5 and financial reports that— 

6 (A) summarize project activities conducted 

7 during the report period; and 

8 (B) provide the status of the project. 

9 (2) FINAL REPORTS.—Not later than 90 days 

10 after the earlier of the date of expiration of a project 

11 period or the completion of a project, each State 

12 lead agency that receives a grant under this section 

13 shall submit to the Secretary a final report con14 taining such information as the Secretary may re15 quire. 

16 SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. 

17 (a) DEFINITIONS.—In this section: 

18 (1) CRITICALLY UNDERSERVED COMMUNITY.— 

19 The term ‘‘critically underserved community’’ 

20 means— 

21 (A) a community that can demonstrate to 

22 the Secretary that the community has inad23 equate, insufficient, or no park space or recre24 ation facilities, including by demonstrating— 


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1 (i) quality concerns relating to the 

2 available park space or recreation facilities; 

3 (ii) the presence of recreational facili4 ties that do not serve the needs of the com5 munity; or 

6 (iii) the inequitable distribution of 

7 park space for high-need populations, 

8 based on income, age, or other measures of 

9 vulnerability and need; 

10 (B) a community in which at least 50 percent of the population is not located within 1 11 ⁄2

12 mile of park space; 

13 (C) a community that is designated as a 

14 qualified opportunity zone under section 

15 1400Z–1 of the Internal Revenue Code of 1986; 

16 or 

17 (D) any other community that the Sec18 retary determines to be appropriate. 

19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means— 

21 (A) a State; 

22 (B) a political subdivision of a State (in23 cluding a city or a county) that represents or 

24 otherwise serves an urban area or a rural area; 


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1 (C) a special purpose district (including a 

2 park district); 

3 (D) an Indian Tribe that represents or 

4 otherwise serves an urban area or a rural area; 

5 or 

6 (E) a metropolitan planning organization 

7 (as defined in section 134(b) of title 23, United 

8 States Code). 

9 (3) PROGRAM.—The term ‘‘program’’ means 

10 the Transit to Trails Grant Program established 

11 under subsection (b)(1). 

12 (4) RURAL AREA.—The term ‘‘rural area’’ 

13 means a community that is not an urban area. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Transportation. 

16 (6) TRANSPORTATION CONNECTOR.— 

17 (A) IN GENERAL.—The term ‘‘transpor18 tation connector’’ means a system that— 

19 (i) connects 2 ZIP Codes or commu20 nities within a 175-mile radius of a des21 ignated service area; and 

22 (ii) offers rides available to the public. 

23 (B) INCLUSIONS.—The term ‘‘transpor24 tation connector’’ includes microtransits, bus 


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1 lines, bus rails, light rail, rapid transits, or per2 sonal rapid transits. 

3 (7) URBAN AREA.—The term ‘‘urban area’’ 

4 means a community that— 

5 (A) is densely developed; 

6 (B) has residential, commercial, and other 

7 nonresidential areas; and 

8 (C)(i) is an urbanized area with a popu9 lation of 50,000 or more; or 

10 (ii) is an urban cluster with a population 

11 of— 

12 (I) not less than 2,500; and 

13 (II) not more than 50,000. 

14 (b) GRANT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Secretary shall es16 tablish a grant program, to be known as the ‘‘Tran17 sit to Trails Grant Program’’, under which the Sec18 retary shall award grants to eligible entities for— 

19 (A) projects that develop transportation 

20 connectors or routes in or serving, and related 

21 education materials for, critically underserved 

22 communities to increase access and mobility to 

23 Federal or non-Federal public land, waters, 

24 parkland, or monuments; or 


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1 (B) projects that facilitate transportation 

2 improvements to enhance access to Federal or 

3 non-Federal public land and recreational oppor4 tunities in critically underserved communities. 

5 (2) ADMINISTRATION.— 

6 (A) IN GENERAL.—The Secretary shall ad7 minister the program to assist eligible entities 

8 in the development of transportation connectors 

9 or routes in or serving, and related education 

10 materials for, critically underserved commu11 nities and Federal or non-Federal public land, 

12 waters, parkland, and monuments. 

13 (B) JOINT PARTNERSHIPS.—The Secretary 

14 shall encourage joint partnership projects under 

15 the program, if available, among multiple agen16 cies, including school districts, nonprofit organi17 zations, metropolitan planning organizations, 

18 regional transportation authorities, transit 

19 agencies, and State and local governmental 

20 agencies (including park and recreation agen21 cies and authorities) to enhance investment of 

22 public sources. 

23 (C) ANNUAL GRANT PROJECT PROPOSAL

24 SOLICITATION, REVIEW, AND APPROVAL.— 


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1 (i) IN GENERAL.—The Secretary 

2 shall— 

3 (I) annually solicit the submis4 sion of project proposals for grants 

5 from eligible entities under the pro6 gram; and 

7 (II) review each project proposal 

8 submitted under subclause (I) on a 

9 timeline established by the Secretary. 

10 (ii) REQUIRED ELEMENTS FOR

11 PROJECT PROPOSAL.—A project proposal 

12 submitted under clause (i)(I) shall in13 clude— 

14 (I) a statement of the purposes 

15 of the project; 

16 (II) the name of the entity or in17 dividual with overall responsibility for 

18 the project; 

19 (III) a description of the quali20 fications of the entity or individuals 

21 identified under subclause (II); 

22 (IV) a description of— 

23 (aa) staffing and stake24 holder engagement for the 

25 project; 


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1 (bb) the logistics of the 

2 project; and 

3 (cc) anticipated outcomes of 

4 the project; 

5 (V) a proposed budget for the 

6 funds and time required to complete 

7 the project; 

8 (VI) information regarding the 

9 source and amount of matching fund10 ing available for the project; 

11 (VII) information that dem12 onstrates the clear potential of the 

13 project to contribute to increased ac14 cess to parkland for critically under15 served communities; and 

16 (VIII) any other information that 

17 the Secretary considers to be nec18 essary for evaluating the eligibility of 

19 the project for funding under the pro20 gram. 

21 (iii) CONSULTATION; APPROVAL OR

22 DISAPPROVAL.—The Secretary shall, with 

23 respect to each project proposal submitted 

24 under this subparagraph, as appropriate— 


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1 (I) consult with the government 

2 of each State in which the proposed 

3 project is to be conducted; 

4 (II) after taking into consider5 ation any comments resulting from 

6 the consultation under subclause (I), 

7 approve or disapprove the proposal; 

8 and 

9 (III) provide written notification 

10 of the approval or disapproval to— 

11 (aa) the individual or entity 

12 that submitted the proposal; and 

13 (bb) each State consulted 

14 under subclause (I). 

15 (D) PRIORITY.—To the extent practicable, 

16 in determining whether to approve project pro17 posals under the program, the Secretary shall 

18 prioritize projects that are designed to increase 

19 access and mobility to local or neighborhood 

20 Federal or non-Federal public land, waters, 

21 parkland, monuments, or recreational opportu22 nities. 

23 (3) TRANSPORTATION PLANNING PROCE24 DURES.— 


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1 (A) PROCEDURES.—In consultation with 

2 the head of each appropriate Federal land man3 agement agency, the Secretary shall develop, by 

4 rule, transportation planning procedures for 

5 projects conducted under the program that are 

6 consistent with metropolitan and statewide 

7 planning processes. 

8 (B) REQUIREMENTS.—All projects carried 

9 out under the program shall be developed in co10 operation with States and metropolitan plan11 ning organizations. 

12 (4) NON-FEDERAL CONTRIBUTIONS.— 

13 (A) IN GENERAL.—As a condition of re14 ceiving a grant under the program, an eligible 

15 entity shall provide funds in the form of cash 

16 or an in-kind contribution in an amount equal 

17 to not less than 100 percent of the amount of 

18 the grant. 

19 (B) SOURCES.—The non-Federal contribu20 tion required under subparagraph (A) may in21 clude amounts made available from State, local, 

22 nongovernmental, or private sources. 

23 (5) ELIGIBLE USES.—Grant funds provided 

24 under the program may be used— 


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1 (A) to develop transportation connectors or 

2 routes in or serving, and related education ma3 terials for, critically underserved communities 

4 to increase access and mobility to Federal and 

5 non-Federal public land, waters, parkland, and 

6 monuments; and 

7 (B) to create or significantly enhance ac8 cess to Federal or non-Federal public land and 

9 recreational opportunities in an urban area or 

10 a rural area. 

11 (6) GRANT AMOUNT.—A grant provided under 

12 the program shall be— 

13 (A) not less than $25,000; and 

14 (B) not more than $500,000. 

15 (7) TECHNICAL ASSISTANCE.—It is the intent 

16 of Congress that grants provided under the program 

17 deliver project funds to areas of greatest need while 

18 offering technical assistance to all applicants and po19 tential applicants for grant preparation to encourage 

20 full participation in the program. 

21 (8) PUBLIC INFORMATION.—The Secretary 

22 shall ensure that current schedules and routes for 

23 transportation systems developed after the receipt of 

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1 lic, including on a website maintained by the recipi2 ent of a grant. 

3 (c) REPORTING REQUIREMENT.— 

4 (1) REPORTS BY GRANT RECIPIENTS.—The 

5 Secretary shall require a recipient of a grant under 

6 the program to submit to the Secretary at least 1 

7 performance and financial report that— 

8 (A) includes— 

9 (i) demographic data on communities 

10 served by the project; and 

11 (ii) a summary of project activities 

12 conducted after receiving the grant; and 

13 (B) describes the status of each project 

14 funded by the grant as of the date of the re15 port. 

16 (2) ADDITIONAL REPORTS.—In addition to the 

17 report required under paragraph (1), the Secretary 

18 may require additional reports from a recipient, as 

19 the Secretary determines to be appropriate, includ20 ing a final report. 

21 (3) DEADLINES.—The Secretary shall establish 

22 deadlines for the submission of each report required 

23 under paragraph (1) or (2). 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000 for each fiscal year. 

4 SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUT5 DOORS PROGRAM. 

6 Section 9001(b) of the John D. Dingell, Jr. Con7 servation, Management, and Recreation Act (16 U.S.C. 

8 6804 note; Public Law 116–9) is amended by striking 

9 paragraph (5). 

10 SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 

11 COMMUNITIES AGAINST HARMFUL FEDERAL 

12 ACTIONS. 

13 (a) PURPOSE.—The purpose of this section is to es14 tablish additional protections relating to Federal actions 

15 affecting environmental justice communities in recognition 

16 of the disproportionate burden of adverse human health 

17 or environmental effects faced by such communities. 

18 (b) DEFINITIONS.—In this section: 

19 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

20 The term ‘‘environmental impact statement’’ means 

21 the detailed statement of environmental impacts of 

22 a proposed action required to be prepared pursuant 

23 to the National Environmental Policy Act of 1969 

24 (42 U.S.C. 4321 et seq.). 


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1 (2) FEDERAL ACTION.—The term ‘‘Federal ac2 tion’’ means a proposed action that requires the 

3 preparation of an environmental impact statement, 

4 environmental assessment, categorical exclusion, or 

5 other document under the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

7 (c) PREPARATION OF A COMMUNITY IMPACT RE8 PORT.—A Federal agency proposing to take a Federal ac9 tion that has the potential to cause negative environmental 

10 or public health impacts on an environmental justice com11 munity shall prepare a community impact report assessing 

12 the potential impacts of the proposed action. 

13 (d) CONTENTS.—A community impact report de14 scribed in subsection (c) shall— 

15 (1) assess the degree to which a proposed Fed16 eral action affecting an environmental justice com17 munity will cause multiple or cumulative exposure to 

18 human health and environmental hazards that influ19 ence, exacerbate, or contribute to adverse health out20 comes; 

21 (2) assess relevant public health data and in22 dustry data concerning the potential for multiple or 

23 cumulative exposure to human health or environ24 mental hazards in the area of the environmental jus25 tice community and historical patterns of exposure 


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1 to environmental hazards and Federal agencies shall 

2 assess these multiple, or cumulative effects, even if 

3 certain effects are not within the control or subject 

4 to the discretion of the Federal agency proposing the 

5 Federal action; 

6 (3) assess the impact of such proposed Federal 

7 action on such environmental justice community’s 

8 ability to access public parks, outdoor spaces, and 

9 public recreation opportunities; 

10 (4) evaluate alternatives to or mitigation meas11 ures for the proposed Federal action that will— 

12 (A) eliminate or reduce any identified ex13 posure to human health and environmental haz14 ards described in paragraph (1) to a level that 

15 is reasonably expected to avoid human health 

16 impacts in environmental justice communities; 

17 and 

18 (B) not negatively impact an environ19 mental justice community’s ability to access 

20 public parks, outdoor spaces, and public recre21 ation opportunities; 

22 (5) analyze any alternative developed by mem23 bers of an affected environmental justice community 

24 that meets the purpose and need of the proposed ac25 tion; 


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1 (6) assess the impact on access to reliable en2 ergy sources and on electricity prices for low-income 

3 communities, minority communities, Native Ameri4 cans, and senior citizens; 

5 (7) assess the impact of the Federal action on 

6 drought, domestic food availability, and domestic 

7 food prices; and 

8 (8) assess the impact on timely meeting net9 zero goals as outlined in Executive Order 14057. 

10 (e) DELEGATION.—Federal agencies shall not dele11 gate responsibility for the preparation of a community im12 pact report described in subsection (c) to any other entity. 

13 (f) NATIONAL ENVIRONMENTAL POLICY ACT RE14 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU15 NITIES.—When carrying out the requirements of the Na16 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

17 et seq.) for a proposed Federal action that may affect an 

18 environmental justice community, a Federal agency 

19 shall— 

20 (1) consider all potential direct, indirect, and 

21 cumulative impacts caused by the action, alter22 natives to such action, and mitigation measures on 

23 the environmental justice community required by 

24 that Act; 


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1 (2) require any public comment period carried 

2 out during the scoping phase of the environmental 

3 review process to be not less than 90 days; 

4 (3) provide early and meaningful community in5 volvement opportunities by— 

6 (A) holding multiple hearings in such com7 munity regarding the proposed Federal action 

8 in each prominent language within the environ9 mental justice community; and 

10 (B) providing notice of any step or action 

11 in the process under that Act that involves pub12 lic participation to any representative entities or 

13 organizations present in the environmental jus14 tice community, including— 

15 (i) local religious organizations; 

16 (ii) civic associations and organiza17 tions; 

18 (iii) business associations of people of 

19 color; 

20 (iv) environmental and environmental 

21 justice organizations, including community22 based grassroots organizations led by peo23 ple of color; 

24 (v) homeowners’, tenants’, and neigh25 borhood watch groups; 


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1 (vi) local governments and Indian 

2 Tribes; 

3 (vii) rural cooperatives; 

4 (viii) business and trade organiza5 tions; 

6 (ix) community and social service or7 ganizations; 

8 (x) universities, colleges, and voca9 tional schools; 

10 (xi) labor and other worker organiza11 tions; 

12 (xii) civil rights organizations; 

13 (xiii) senior citizens’ groups; and 

14 (xiv) public health agencies and clin15 ics; and 

16 (4) provide translations of publicly available 

17 documents made available pursuant to that Act in 

18 any language spoken by more than 5 percent of the 

19 population residing within the environmental justice 

20 community. 

21 (g) COMMUNICATION METHODS AND REQUIRE22 MENTS.—Any notice provided under subsection (f)(3)(B) 

23 shall be provided— 

24 (1) through communication methods that are 

25 accessible in the environmental justice community, 


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1 which may include electronic media, newspapers, 

2 radio, direct mailings, canvassing, and other out3 reach methods particularly targeted at communities 

4 of color, low-income communities, and Tribal and In5 digenous communities; and 

6 (2) at least 30 days before any hearing in such 

7 community or the start of any public comment pe8 riod. 

9 (h) REQUIREMENTS FOR ACTIONS REQUIRING AN

10 ENVIRONMENTAL IMPACT STATEMENT.—For any pro11 posed Federal action affecting an environmental justice 

12 community requiring the preparation of an environmental 

13 impact statement, the Federal agency shall provide the fol14 lowing information when giving notice of the proposed ac15 tion: 

16 (1) A description of the proposed action. 

17 (2) An outline of the anticipated schedule for 

18 completing the process under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

20 with a description of key milestones. 

21 (3) An initial list of alternatives and potential 

22 impacts. 

23 (4) An initial list of other existing or proposed 

24 sources of multiple or cumulative exposure to envi25 ronmental hazards that contribute to higher rates of 


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1 serious illnesses within the environmental justice 

2 community. 

3 (5) An agency point of contact. 

4 (6) Timely notice of locations where comments 

5 will be received or public meetings held. 

6 (7) Any telephone number or locations where 

7 further information can be obtained. 

8 (i) NATIONAL ENVIRONMENTAL POLICY ACT RE9 QUIREMENTS FOR INDIAN TRIBES.—When carrying out 

10 the requirements of the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed Fed12 eral action that may affect an Indian Tribe, a Federal 

13 agency shall— 

14 (1) seek Tribal representation in the process in 

15 a manner that is consistent with the government-to16 government relationship between the United States 

17 and Indian Tribes, the Federal Government’s trust 

18 responsibility to federally recognized Indian Tribes, 

19 and any treaty rights; 

20 (2) ensure that an Indian Tribe is invited to 

21 hold the status of a cooperating agency throughout 

22 the process under that Act for any proposed action 

23 that could impact an Indian Tribe, including actions 

24 that could impact off reservation lands and sacred 

25 sites; and 


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1 (3) invite an Indian Tribe to hold the status of 

2 a cooperating agency in accordance with paragraph 

3 (2) not later than the date on which the scoping 

4 process for a proposed action requiring the prepara5 tion of an environmental impact statement com6 mences. 

7 (j) AGENCY DETERMINATIONS.—Federal agency de8 terminations about the analysis of a community impact 

9 report described in subsection (c) shall be subject to judi10 cial review to the same extent as any other analysis per11 formed under the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.). 

13 (k) EFFECTIVE DATE.—This section shall take effect 

14 1 year after the date of enactment of this Act. 

15 (l) SAVINGS CLAUSE.—Nothing in this section dimin16 ishes— 

17 (1) any right granted through the National En18 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.) to the public; or 

20 (2) the requirements under that Act to consider 

21 direct, indirect, and cumulative impacts. 


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1 SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS 

2 UNDER THE NATIONAL ENVIRONMENTAL 

3 POLICY ACT. 

4 Title I of the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4331 et seq.) is amended— 

6 (1) in section 101(a)— 

7 (A) by striking ‘‘man’s’’ and inserting 

8 ‘‘human’’; and 

9 (B) by striking ‘‘man’’ each place it ap10 pears and inserting ‘‘humankind’’; 

11 (2) in section 102— 

12 (A) by striking ‘‘The Congress authorizes 

13 and directs that, to the fullest extent possible:’’ 

14 and inserting ‘‘The Congress authorizes and di15 rects that, notwithstanding any other provision 

16 of law and to the fullest extent possible:’’; 

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘insure’’ each place it 

19 appears and inserting ‘‘ensure’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘man’s’’ and inserting ‘‘the human’’; and 

22 (iii) in subparagraph (C)— 

23 (I) by striking clause (iii) and in24 serting the following: 

25 ‘‘(iii) a reasonable range of alternatives 

26 that— 


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1 ‘‘(I) are technically feasible, 

2 ‘‘(II) are economically feasible, and 

3 ‘‘(III) where applicable, do not cause 

4 or contribute to adverse cumulative effects, 

5 including effects caused by exposure to en6 vironmental pollution, on an overburdened 

7 community that are higher than those 

8 borne by other communities within the 

9 State, county, or other geographic unit of 

10 analysis as determined by the agency pre11 paring or having taken primary responsi12 bility for preparing the environmental doc13 ument pursuant to this Act, except that 

14 where the agency determines that an alter15 native will serve a compelling public inter16 est in the affected overburdened commu17 nity with conditions to protect public 

18 health,’’; and 

19 (II) in clause (iv), by striking 

20 ‘‘man’s’’ and inserting ‘‘the human’’; 

21 (C) in subparagraph (E), by inserting 

22 ‘‘that are consistent with subparagraph (C)(3)’’ 

23 after ‘‘describe appropriate alternatives’’; and 

24 (D) in subparagraph (F), by striking 

25 ‘‘mankind’s’’ and inserting ‘‘humankind’s’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘SEC. 106. DEFINITIONS. 

3 ‘‘In this Act: 

4 ‘‘(1) EFFECT; IMPACT.—The terms ‘effect’ and 

5 ‘impact’ mean changes to the human environment 

6 from the proposed action or alternatives that are 

7 reasonably foreseeable and include the following: 

8 ‘‘(A) Direct effects, which are caused by 

9 the action and occur at the same time and 

10 place. 

11 ‘‘(B) Indirect effects, which are caused by 

12 the action and are later in time or farther re13 moved in distance, but are still reasonably fore14 seeable. Indirect effects may include growth in15 ducing effects and other effects related to in16 duced changes in the pattern of land use, popu17 lation density or growth rate, and related ef18 fects on air and water and other natural sys19 tems, including ecosystems. 

20 ‘‘(C) Cumulative effects, which are effects 

21 on the environment that result from the incre22 mental effects of the action when added to the 

23 effects of other past, present, and reasonably 

24 foreseeable actions regardless of what agency 

25 (Federal or non-Federal) or person undertakes 


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1 such other actions. Cumulative effects can re2 sult from individually minor but collectively sig3 nificant actions taking place over a period of 

4 time. 

5 ‘‘(D) Effects that are ecological (such as 

6 the effects on natural resources and on the 

7 components, structures, and functioning of af8 fected ecosystems), aesthetic, historic, cultural, 

9 economic, social, health, whether direct, indi10 rect, or cumulative. Effects may also include 

11 those resulting from actions which may have 

12 both beneficial and detrimental effects, even if 

13 on balance the agency believes that the effects 

14 will be beneficial. 

15 ‘‘(2) LIMITED ENGLISH PROFICIENCY.—The 

16 term ‘limited English proficiency’ means that a 

17 household does not have an adult that speaks 

18 English very well according to the United States 

19 Census Bureau. 

20 ‘‘(3) LOW-INCOME HOUSEHOLD.—The term 

21 ‘low-income household’ means a household that is at 

22 or below twice the poverty threshold as that thresh23 old is determined annually by the United States 

24 Census Bureau. 


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1 ‘‘(4) OVERBURDENED COMMUNITY.—The term 

2 ‘overburdened community’ means any census block 

3 group, as determined in accordance with the most 

4 recent United States Census, in which: 

5 ‘‘(A) at least 35 percent of the households 

6 qualify as low-income households; 

7 ‘‘(B) at least 40 percent of the residents 

8 identify as minority or as members of a Tribal 

9 and Indigenous community; or 

10 ‘‘(C) at least 40 percent of the households 

11 have limited English proficiency. 

12 ‘‘(5) TRIBAL AND INDIGENOUS COMMUNITY.— 

13 The term ‘Tribal and Indigenous community’ means 

14 a population of people who are members of— 

15 ‘‘(A) a federally recognized Indian Tribe; 

16 ‘‘(B) a State-recognized Indian Tribe; 

17 ‘‘(C) an Alaska Native or Native Hawaiian 

18 community or organization; or 

19 ‘‘(D) any other community of Indigenous 

20 people located in a State.’’. 

21 SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES. 

22 (a) INITIAL TRAINING.—Not later than 1 year after 

23 the date of enactment of this Act, each employee of the 

24 Department of Energy, the Environmental Protection 

25 Agency, the Department of the Interior, and the National 


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1 Oceanic and Atmospheric Administration shall complete 

2 an environmental justice training program to ensure that 

3 each such employee— 

4 (1) has received training in environmental jus5 tice; and 

6 (2) is capable of— 

7 (A) appropriately incorporating environ8 mental justice concepts into the daily activities 

9 of the employee; and 

10 (B) increasing the meaningful participation 

11 of individuals from environmental justice com12 munities in the activities of the applicable agen13 cy. 

14 (b) MANDATORY PARTICIPATION.—Effective on the 

15 date that is 1 year after the date of enactment of this 

16 Act, each individual hired by the Department of Energy, 

17 the Environmental Protection Agency, the Department of 

18 the Interior, and the National Oceanic and Atmospheric 

19 Administration after that date shall be required to partici20 pate in environmental justice training. 

21 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY22 EES.— 

23 (1) IN GENERAL.—With respect to each Fed24 eral agency that participates in the Working Group, 

25 not later than 30 days after the date on which an 


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1 individual is appointed to the position of environ2 mental justice coordinator, Environmental Justice 

3 Ombuds, or any other position the responsibility of 

4 which involves the conduct of environmental justice 

5 activities, the individual shall be required to possess 

6 documentation of the completion by the individual of 

7 environmental justice training. 

8 (2) EFFECT.—If an individual described in 

9 paragraph (1) fails to meet the requirement de10 scribed in that paragraph, the Federal agency at 

11 which the individual is employed shall transfer the 

12 individual to a different position until the date on 

13 which the individual completes environmental justice 

14 training. 

15 (3) EVALUATION.—Not later than 3 years after 

16 the date of enactment of this Act, the Inspector 

17 General of each Federal agency that participates in 

18 the Working Group shall evaluate the training pro19 grams of such Federal agency to determine if such 

20 Federal agency has improved the rate of training of 

21 the employees of such Federal agency to ensure that 

22 each employee has received environmental justice 

23 training. 


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1 SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

2 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

3 PROGRAM.— 

4 (1) ESTABLISHMENT.—The Administrator shall 

5 establish a program under which the Administrator 

6 shall provide grants to eligible entities to assist the 

7 eligible entities in— 

8 (A) building capacity to address issues re9 lating to environmental justice; and 

10 (B) carrying out any activity described in 

11 paragraph (4). 

12 (2) ELIGIBILITY.—To be eligible to receive a 

13 grant under paragraph (1), an eligible entity shall be 

14 a nonprofit, community-based organization that con15 ducts activities, including providing medical and pre16 ventive health services, to reduce the dispropor17 tionate health impacts of environmental pollution in 

18 the environmental justice community at which the 

19 eligible entity proposes to conduct an activity that is 

20 the subject of the application described in paragraph 

21 (3). 

22 (3) APPLICATION.—To be eligible to receive a 

23 grant under paragraph (1), an eligible entity shall 

24 submit to the Administrator an application at such 

25 time, in such manner, and containing such informa26 tion as the Administrator may require, including— 


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1 (A) an outline describing the means by 

2 which the project proposed by the eligible entity 

3 will— 

4 (i) with respect to environmental and 

5 public health issues at the local level, in6 crease the understanding of the environ7 mental justice community at which the eli8 gible entity will conduct the project; 

9 (ii) improve the ability of the environ10 mental justice community to address each 

11 issue described in clause (i); 

12 (iii) facilitate collaboration and co13 operation among various stakeholders (in14 cluding members of the environmental jus15 tice community); and 

16 (iv) support the ability of the environ17 mental justice community to proactively 

18 plan and implement just sustainable com19 munity development and revitalization ini20 tiatives, including countering displacement 

21 and gentrification; 

22 (B) a proposed budget for each activity of 

23 the project that is the subject of the applica24 tion; 


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1 (C) a list of proposed outcomes with re2 spect to the proposed project; 

3 (D) a description of the ways by which the 

4 eligible entity may leverage the funds of the eli5 gible entity, or the funds made available 

6 through a grant under this subsection, to de7 velop a project that is capable of being sus8 tained beyond the period of the grant; and 

9 (E) a description of the ways by which the 

10 eligible entity is linked to, and representative 

11 of, the environmental justice community at 

12 which the eligible entity will conduct the 

13 project. 

14 (4) USE OF FUNDS.—An eligible entity may 

15 only use a grant under this subsection to carry out 

16 culturally and linguistically appropriate projects and 

17 activities that are driven by the needs, opportunities, 

18 and priorities of the environmental justice commu19 nity at which the eligible entity proposes to conduct 

20 the project or activity to address environmental jus21 tice concerns and improve the health or environment 

22 of the environmental justice community, including 

23 activities— 

24 (A) to create or develop collaborative part25 nerships; 


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1 (B) to educate and provide outreach serv2 ices to the environmental justice community; 

3 (C) to identify and implement projects to 

4 address environmental or public health con5 cerns; or 

6 (D) to develop a comprehensive under7 standing of environmental or public health 

8 issues. 

9 (5) REPORT.— 

10 (A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this Act, and an12 nually thereafter, the Administrator shall sub13 mit to the Committees on Energy and Com14 merce and Natural Resources of the House of 

15 Representatives and the Committees on Envi16 ronment and Public Works and Energy and 

17 Natural Resources of the Senate a report de18 scribing the ways by which the grant program 

19 under this subsection has helped community20 based nonprofit organizations address issues re21 lating to environmental justice. 

22 (B) PUBLIC AVAILABILITY.—The Adminis23 trator shall make each report required under 

24 subparagraph (A) available to the public (in25 cluding by posting a copy of the report on the 


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1 website of the Environmental Protection Agen2 cy). 

3 (6) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $25,000,000 for each of fiscal years 

6 2024 through 2028. 

7 (b) STATE GRANT PROGRAM.— 

8 (1) ESTABLISHMENT.—The Administrator shall 

9 establish a program under which the Administrator 

10 shall provide grants to States to enable the States— 

11 (A) to establish culturally and linguistically 

12 appropriate protocols, activities, and mecha13 nisms for addressing issues relating to environ14 mental justice; and 

15 (B) to carry out culturally and linguis16 tically appropriate activities to reduce or elimi17 nate disproportionately adverse human health 

18 or environmental effects on environmental jus19 tice communities in the State, including reduc20 ing economic vulnerabilities that result in the 

21 environmental justice communities being dis22 proportionately affected. 

23 (2) ELIGIBILITY.— 

24 (A) APPLICATION.—To be eligible to re25 ceive a grant under paragraph (1), a State shall 


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1 submit to the Administrator an application at 

2 such time, in such manner, and containing such 

3 information as the Administrator may require, 

4 including— 

5 (i) a plan that contains a description 

6 of the means by which the funds provided 

7 through a grant under paragraph (1) will 

8 be used to address issues relating to envi9 ronmental justice at the State level; and 

10 (ii) assurances that the funds pro11 vided through a grant under paragraph (1) 

12 will be used only to supplement the 

13 amount of funds that the State allocates 

14 for initiatives relating to environmental 

15 justice. 

16 (B) ABILITY TO CONTINUE PROGRAM.—To 

17 be eligible to receive a grant under paragraph 

18 (1), a State shall demonstrate to the Adminis19 trator that the State has the ability to continue 

20 each program that is the subject of funds pro21 vided through a grant under paragraph (1) 

22 after receipt of the funds. 

23 (3) REPORT.— 

24 (A) IN GENERAL.—Not later than 1 year 

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1 nually thereafter, the Administrator shall sub2 mit to the Committees on Energy and Com3 merce and Natural Resources of the House of 

4 Representatives and the Committees on Envi5 ronment and Public Works and Energy and 

6 Natural Resources of the Senate a report de7 scribing— 

8 (i) the implementation of the grant 

9 program established under paragraph (1); 

10 (ii) the impact of the grant program 

11 on improving the ability of each partici12 pating State to address environmental jus13 tice issues; and 

14 (iii) the activities carried out by each 

15 State to reduce or eliminate disproportion16 ately adverse human health or environ17 mental effects on environmental justice 

18 communities in the State. 

19 (B) PUBLIC AVAILABILITY.—The Adminis20 trator shall make each report required under 

21 subparagraph (A) available to the public (in22 cluding by posting a copy of the report on the 

23 website of the Environmental Protection Agen24 cy). 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $15,000,000 for each of fiscal years 

4 2024 through 2028. 

5 (c) TRIBAL GRANT PROGRAM.— 

6 (1) ESTABLISHMENT.—The Administrator shall 

7 establish a program under which the Administrator 

8 shall provide grants to Indian Tribes— 

9 (A) to establish culturally and linguistically 

10 appropriate protocols, activities, and mecha11 nisms for addressing issues relating to environ12 mental justice; and 

13 (B) to carry out culturally and linguis14 tically appropriate activities to reduce or elimi15 nate disproportionately adverse human health 

16 or environmental effects on environmental jus17 tice communities in Tribal and Indigenous com18 munities, including reducing economic 

19 vulnerabilities that result in the Tribal and In20 digenous communities being disproportionately 

21 affected. 

22 (2) ELIGIBILITY.— 

23 (A) APPLICATION.—To be eligible to re24 ceive a grant under paragraph (1), an Indian 

25 Tribe shall submit to the Administrator an apVerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705

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1 plication at such time, in such manner, and 

2 containing such information as the Adminis3 trator may require, including— 

4 (i) a plan that contains a description 

5 of the means by which the funds provided 

6 through a grant under paragraph (1) will 

7 be used to address issues relating to envi8 ronmental justice in Tribal and Indigenous 

9 communities; and 

10 (ii) assurances that the funds pro11 vided through a grant under paragraph (1) 

12 will be used only to supplement the 

13 amount of funds that the Indian Tribe al14 locates for initiatives relating to environ15 mental justice. 

16 (B) ABILITY TO CONTINUE PROGRAM.—To 

17 be eligible to receive a grant under paragraph 

18 (1), an Indian Tribe shall demonstrate to the 

19 Administrator that the Indian Tribe has the 

20 ability to continue each program that is the 

21 subject of funds provided through a grant 

22 under paragraph (1) after receipt of the funds. 

23 (3) REPORT.— 

24 (A) IN GENERAL.—Not later than 1 year 

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1 nually thereafter, the Administrator shall sub2 mit to the Committees on Energy and Com3 merce and Natural Resources of the House of 

4 Representatives and the Committees on Envi5 ronment and Public Works and Energy and 

6 Natural Resources of the Senate a report de7 scribing— 

8 (i) the implementation of the grant 

9 program established under paragraph (1); 

10 (ii) the impact of the grant program 

11 on improving the ability of each partici12 pating Indian Tribe to address environ13 mental justice issues; and 

14 (iii) the activities carried out by each 

15 Indian Tribe to reduce or eliminate dis16 proportionately adverse human health or 

17 environmental effects on applicable envi18 ronmental justice communities in Tribal 

19 and Indigenous communities. 

20 (B) PUBLIC AVAILABILITY.—The Adminis21 trator shall make each report required under 

22 subparagraph (A) available to the public (in23 cluding by posting a copy of the report on the 

24 website of the Environmental Protection Agen25 cy). 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $25,000,000 for each of fiscal years 

4 2024 through 2028. 

5 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

6 GRANT PROGRAM.— 

7 (1) ESTABLISHMENT.—The Administrator, in 

8 consultation with the Director, shall establish a pro9 gram under which the Administrator shall provide 

10 not more than 25 multiyear grants to eligible enti11 ties to carry out community-based participatory re12 search— 

13 (A) to address issues relating to environ14 mental justice; 

15 (B) to improve the environment of resi16 dents and workers in environmental justice 

17 communities; and 

18 (C) to improve the health outcomes of resi19 dents and workers in environmental justice 

20 communities. 

21 (2) ELIGIBILITY.—To be eligible to receive a 

22 multiyear grant under paragraph (1), an eligible en23 tity shall be a partnership composed of— 

24 (A) an accredited institution of higher edu25 cation; and 


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1 (B) a community-based organization. 

2 (3) APPLICATION.—To be eligible to receive a 

3 multiyear grant under paragraph (1), an eligible en4 tity shall submit to the Administrator an application 

5 at such time, in such manner, and containing such 

6 information as the Administrator may require, in7 cluding— 

8 (A) a detailed description of the partner9 ship of the eligible entity that, as determined by 

10 the Administrator, demonstrates the participa11 tion of members of the community at which the 

12 eligible entity proposes to conduct the research; 

13 and 

14 (B) a description of— 

15 (i) the project proposed by the eligible 

16 entity; and 

17 (ii) the ways by which the project 

18 will— 

19 (I) address issues relating to en20 vironmental justice; 

21 (II) assist in the improvement of 

22 health outcomes of residents and 

23 workers in environmental justice com24 munities; and 


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1 (III) assist in the improvement of 

2 the environment of residents and 

3 workers in environmental justice com4 munities. 

5 (4) PUBLIC AVAILABILITY.—The Administrator 

6 shall make the results of the grants provided under 

7 this subsection available to the public, including by 

8 posting on the website of the Environmental Protec9 tion Agency a copy of the grant awards and an an10 nual report at the beginning of each fiscal year de11 scribing the research findings associated with each 

12 grant provided under this subsection. 

13 (5) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $10,000,000 for each of fiscal years 

16 2024 through 2028. 

17 SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PRO18 GRAM. 

19 (a) ESTABLISHMENT.—The Administrator shall es20 tablish a basic training program, in coordination and con21 sultation with nongovernmental environmental justice or22 ganizations, to increase the capacity of residents of envi23 ronmental justice communities to identify and address dis24 proportionately adverse human health or environmental efVerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705

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1 fects by providing culturally and linguistically appro2 priate— 

3 (1) training and education relating to— 

4 (A) basic and advanced techniques for the 

5 detection, assessment, and evaluation of the ef6 fects of hazardous substances on human health; 

7 (B) methods to assess the risks to human 

8 health presented by hazardous substances; 

9 (C) methods and technologies to detect 

10 hazardous substances in the environment; 

11 (D) basic biological, chemical, and physical 

12 methods to reduce the quantity and toxicity of 

13 hazardous substances; 

14 (E) the rights and safeguards currently af15 forded to individuals through policies and laws 

16 intended to help environmental justice commu17 nities address disparate impacts and discrimi18 nation, including— 

19 (i) environmental laws; and 

20 (ii) section 602 of the Civil Rights Act 

21 of 1964 (42 U.S.C. 2000d–1); 

22 (F) public engagement opportunities 

23 through the policies and laws described in sub24 paragraph (E); 


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1 (G) materials available on the Clearing2 house; 

3 (H) methods to expand access to parks 

4 and other natural and recreational amenities; 

5 and 

6 (I) finding and applying for Federal grants 

7 related to environmental justice; and 

8 (2) short courses and continuation education 

9 programs for residents of communities who are lo10 cated in close proximity to hazardous substances to 

11 provide— 

12 (A) education relating to— 

13 (i) the proper manner to handle haz14 ardous substances; 

15 (ii) the management of facilities at 

16 which hazardous substances are located 

17 (including facility compliance protocols); 

18 and 

19 (iii) the evaluation of the hazards that 

20 facilities described in clause (ii) pose to 

21 human health; and 

22 (B) training on environmental and occupa23 tional health and safety with respect to the pub24 lic health and engineering aspects of hazardous 

25 waste control. 


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1 (b) GRANT PROGRAM.— 

2 (1) ESTABLISHMENT.—In carrying out the 

3 basic training program established under subsection 

4 (a), the Administrator may provide grants to, or 

5 enter into any contract or cooperative agreement 

6 with, an eligible entity to carry out any training or 

7 educational activity described in subsection (a). 

8 (2) ELIGIBLE ENTITY.—To be eligible to receive 

9 assistance under paragraph (1), an eligible entity 

10 shall be an accredited institution of education in 

11 partnership with— 

12 (A) a community-based organization that 

13 carries out activities relating to environmental 

14 justice; 

15 (B) a generator of hazardous waste; 

16 (C) any individual who is involved in the 

17 detection, assessment, evaluation, or treatment 

18 of hazardous waste; 

19 (D) any owner or operator of a facility at 

20 which hazardous substances are located; or 

21 (E) any State government, Indian Tribe, 

22 or local government. 

23 (c) PLAN.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of enactment of this Act, the Administrator, 


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1 in consultation with the Director, shall develop and 

2 publish in the Federal Register a plan to carry out 

3 the basic training program established under sub4 section (a). 

5 (2) CONTENTS.—The plan described in para6 graph (1) shall contain— 

7 (A) a list that describes the relative pri8 ority of each activity described in subsection 

9 (a); and 

10 (B) a description of research and training 

11 relevant to environmental justice issues of com12 munities adversely affected by pollution. 

13 (3) COORDINATION WITH FEDERAL AGEN14 CIES.—The Administrator shall, to the maximum ex15 tent practicable, take appropriate steps to coordinate 

16 the activities of the basic training program described 

17 in the plan with the activities of other Federal agen18 cies to avoid any duplication of effort. 

19 (d) REPORT.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, and every 2 years 

22 thereafter, the Administrator shall submit to the 

23 Committees on Energy and Commerce and Natural 

24 Resources of the House of Representatives and the 

25 Committees on Environment and Public Works and 


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1 Energy and Natural Resources of the Senate a re2 port describing— 

3 (A) the implementation of the basic train4 ing program established under subsection (a); 

5 and 

6 (B) the impact of the basic training pro7 gram on improving training opportunities for 

8 residents of environmental justice communities. 

9 (2) PUBLIC AVAILABILITY.—The Administrator 

10 shall make the report required under paragraph (1) 

11 available to the public (including by posting a copy 

12 of the report on the website of the Environmental 

13 Protection Agency). 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000 for each of fiscal years 2024 through 2028. 

17 SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

18 COUNCIL. 

19 (a) ESTABLISHMENT.—The President shall establish 

20 an advisory council, to be known as the ‘‘National Envi21 ronmental Justice Advisory Council’’. 

22 (b) MEMBERSHIP.—The Advisory Council shall be 

23 composed of 26 members who have knowledge of, or expe24 rience relating to, the effect of environmental conditions 


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1 on communities of color, low-income communities, and 

2 Tribal and Indigenous communities, including— 

3 (1) representatives of— 

4 (A) community-based organizations that 

5 carry out initiatives relating to environmental 

6 justice, including grassroots organizations led 

7 by people of color; 

8 (B) State governments, Indian Tribes, and 

9 local governments; 

10 (C) Tribal Organizations and other Indige11 nous communities; 

12 (D) nongovernmental and environmental 

13 organizations; and 

14 (E) private sector organizations (including 

15 representatives of industries and businesses); 

16 and 

17 (2) experts in the field of— 

18 (A) socioeconomic analysis; 

19 (B) health and environmental effects; 

20 (C) exposure evaluation; 

21 (D) environmental law and civil rights law; 

22 or 

23 (E) environmental health science research. 

24 (c) SUBCOMMITTEES; WORKGROUPS.— 


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1 (1) ESTABLISHMENT.—The Advisory Council 

2 may establish any subcommittee or workgroup to as3 sist the Advisory Council in carrying out any duty 

4 of the Advisory Council described in subsection (d). 

5 (2) REPORT.—Upon the request of the Advisory 

6 Council, each subcommittee or workgroup estab7 lished by the Advisory Council under paragraph (1) 

8 shall submit to the Advisory Council a report that 

9 contains— 

10 (A) a description of each recommendation 

11 of the subcommittee or workgroup; and 

12 (B) any advice requested by the Advisory 

13 Council with respect to any duty of the Advi14 sory Council. 

15 (d) DUTIES.—The Advisory Council shall provide 

16 independent advice and recommendations to the Environ17 mental Protection Agency with respect to issues relating 

18 to environmental justice, including advice— 

19 (1) to help develop, facilitate, and conduct re20 views of the direction, criteria, scope, and adequacy 

21 of the scientific research and demonstration projects 

22 of the Environmental Protection Agency relating to 

23 environmental justice; 

24 (2) to improve participation, cooperation, and 

25 communication with respect to such issues— 


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1 (A) within the Environmental Protection 

2 Agency; 

3 (B) between the Environmental Protection 

4 Agency and other entities; and 

5 (C) between, and among, the Environ6 mental Protection Agency and Federal agencies, 

7 State and local governments, Indian Tribes, en8 vironmental justice leaders, interest groups, and 

9 the public; 

10 (3) requested by the Administrator to help im11 prove the response of the Environmental Protection 

12 Agency in securing environmental justice for com13 munities of color, low-income communities, and 

14 Tribal and Indigenous communities; and 

15 (4) on issues relating to— 

16 (A) the developmental framework of the 

17 Environmental Protection Agency with respect 

18 to the integration by the Environmental Protec19 tion Agency of socioeconomic programs into the 

20 strategic planning, annual planning, and man21 agement accountability of the Environmental 

22 Protection Agency to achieve environmental jus23 tice results throughout the Environmental Pro24 tection Agency; 


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1 (B) the measurement and evaluation of the 

2 progress, quality, and adequacy of the Environ3 mental Protection Agency in planning, devel4 oping, and implementing environmental justice 

5 strategies, projects, and programs; 

6 (C) any existing and future information 

7 management systems, technologies, and data 

8 collection activities of the Environmental Pro9 tection Agency (including recommendations to 

10 conduct analyses that support and strengthen 

11 environmental justice programs in administra12 tive and scientific areas); 

13 (D) the administration of grant programs 

14 relating to environmental justice assistance; and 

15 (E) education, training, and other outreach 

16 activities conducted by the Environmental Pro17 tection Agency relating to environmental jus18 tice. 

19 (e) MEETINGS.— 

20 (1) FREQUENCY.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the Advisory Council shall meet bi23 annually. 

24 (B) AUTHORITY OF ADMINISTRATOR.—The 

25 Administrator may require the Advisory Council 


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1 to conduct additional meetings if the Adminis2 trator determines that the conduct of any addi3 tional meetings is necessary. 

4 (2) PUBLIC PARTICIPATION.— 

5 (A) IN GENERAL.—Subject to subpara6 graph (B), each meeting of the Advisory Coun7 cil shall be open to the public to provide the 

8 public an opportunity— 

9 (i) to submit comments to the Advi10 sory Council; and 

11 (ii) to appear before the Advisory 

12 Council. 

13 (B) AUTHORITY OF ADMINISTRATOR.—The 

14 Administrator may close any meeting, or por15 tion of any meeting, of the Advisory Council to 

16 the public. 

17 (f) FACA.—The Federal Advisory Committee Act (5 

18 U.S.C. App.) shall apply to the Advisory Council. 

19 (g) TRAVEL EXPENSES.—The Administrator may 

20 provide to any member of the Advisory Council travel ex21 penses, including per diem in lieu of subsistence, at rates 

22 authorized for an employee of an agency under subchapter 

23 I of chapter 57 of title 5, United States Code, while away 

24 from the home or regular place of business of the member 

25 in the performance of the duties of the Advisory Council. 


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1 SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

2 (a) ESTABLISHMENT.—Not later than 1 year after 

3 the date of enactment of this Act, the Administrator shall 

4 establish a public internet-based clearinghouse, to be 

5 known as the Environmental Justice Clearinghouse. 

6 (b) CONTENTS.—The Clearinghouse shall be com7 posed of culturally and linguistically appropriate materials 

8 related to environmental justice, including— 

9 (1) information describing the activities con10 ducted by the Environmental Protection Agency to 

11 address issues relating to environmental justice; 

12 (2) copies of training materials provided by the 

13 Administrator to help individuals and employees un14 derstand and carry out environmental justice activi15 ties; 

16 (3) links to web pages that describe environ17 mental justice activities of other Federal agencies; 

18 (4) a directory of individuals who possess tech19 nical expertise in issues relating to environmental 

20 justice; 

21 (5) a directory of nonprofit and community22 based organizations, including grassroots organiza23 tions led by people of color, that address issues re24 lating to environmental justice at the local, State, 

25 and Federal levels (with particular emphasis given to 

26 nonprofit and community-based organizations that 


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1 possess the capability to provide advice or technical 

2 assistance to environmental justice communities); 

3 and 

4 (6) any other appropriate information as deter5 mined by the Administrator, including information 

6 on any resources available to help address the dis7 proportionate burden of adverse human health or en8 vironmental effects on environmental justice commu9 nities. 

10 (c) CONSULTATION.—In developing the Clearing11 house, the Administrator shall consult with individuals 

12 representing academic and community-based organiza13 tions who have expertise in issues relating to environ14 mental justice. 

15 (d) ANNUAL REVIEW.—The Advisory Council shall— 

16 (1) conduct a review of the Clearinghouse on an 

17 annual basis; and 

18 (2) recommend to the Administrator any up19 dates for the Clearinghouse that the Advisory Coun20 cil determines to be necessary for the effective oper21 ation of the Clearinghouse. 

22 SEC. 21. PUBLIC MEETINGS. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of this Act, and biennially thereafter, 

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1 mental justice issues in each region of the Environmental 

2 Protection Agency to gather public input with respect to 

3 the implementation and updating of environmental justice 

4 strategies and efforts of the Environmental Protection 

5 Agency. 

6 (b) OUTREACH TO ENVIRONMENTAL JUSTICE COM7 MUNITIES.—The Administrator, in advance of the meet8 ings described in subsection (a), shall to the extent prac9 ticable hold multiple meetings in environmental justice 

10 communities in each region to provide meaningful commu11 nity involvement opportunities. 

12 (c) NOTICE.—Notice for the meetings described in 

13 subsections (a) and (b) shall be provided— 

14 (1) to applicable representative entities or orga15 nizations present in the environmental justice com16 munity, including— 

17 (A) local religious organizations; 

18 (B) civic associations and organizations; 

19 (C) business associations of people of color; 

20 (D) environmental and environmental jus21 tice organizations; 

22 (E) homeowners’, tenants’, and neighbor23 hood watch groups; 

24 (F) local governments; 


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1 (G) Indian Tribes, Tribal Organizations, 

2 and other Indigenous communities; 

3 (H) rural cooperatives; 

4 (I) business and trade organizations; 

5 (J) community and social service organiza6 tions; 

7 (K) universities, colleges, and vocational 

8 schools; 

9 (L) labor organizations; 

10 (M) civil rights organizations; 

11 (N) senior citizens’ groups; and 

12 (O) public health agencies and clinics; 

13 (2) through communication methods that are 

14 accessible in the applicable environmental justice 

15 community, which may include electronic media, 

16 newspapers, radio, and other media particularly tar17 geted at communities of color, low-income commu18 nities, and Tribal and Indigenous communities; and 

19 (3) at least 30 days before any such meeting. 

20 (d) COMMUNICATION METHODS AND REQUIRE21 MENTS.—The Administrator shall— 

22 (1) provide translations of any documents made 

23 available to the public pursuant to this section in 

24 any language spoken by more than 5 percent of the 

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1 mental justice community, and make available trans2 lation services for meetings upon request; and 

3 (2) not require members of the public to 

4 produce a form of identification or register their 

5 names, provide other information, complete a ques6 tionnaire, or otherwise fulfill any condition precedent 

7 to attending a meeting, but if an attendance list, 

8 register, questionnaire, or other similar document is 

9 utilized during meetings, it shall state clearly that 

10 the signing, registering, or completion of the docu11 ment is voluntary. 

12 (e) REQUIRED ATTENDANCE OF CERTAIN EMPLOY13 EES.—In holding a public meeting under subsection (a), 

14 the Administrator shall ensure that at least 1 employee 

15 of the Environmental Protection Agency at the level of As16 sistant Administrator is present at the meeting to serve 

17 as a representative of the Environmental Protection Agen18 cy. 

19 SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRON20 MENTAL JUSTICE COMMUNITIES. 

21 The Administrator shall ensure that all environ22 mental projects developed as part of a settlement relating 

23 to violations in an environmental justice community— 

24 (1) are developed through consultation with, 

25 and with the meaningful participation of, individuals 


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1 in the affected environmental justice community; 

2 and 

3 (2) result in a quantifiable improvement to the 

4 health and well-being of individuals in the affected 

5 environmental justice community. 

6 SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 

7 COASTAL ZONE OBJECTIVES. 

8 (a) GRANTS AUTHORIZED.—The Coastal Zone Man9 agement Act of 1972 is amended by inserting after section 

10 309 (16 U.S.C. 1456b) the following: 

11 ‘‘SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIB12 AL COASTAL ZONE OBJECTIVES. 

13 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 

14 award competitive grants to Indian Tribes to further 

15 achievement of the objectives of such a Tribe for such 

16 Tribe’s Tribal coastal zone. 

17 ‘‘(b) FEDERAL SHARE.— 

18 ‘‘(1) IN GENERAL.—The Federal share of the 

19 cost of any activity carried out with a grant under 

20 this section shall be— 

21 ‘‘(A) in the case of a grant of less than 

22 $200,000, 100 percent of such cost; and 

23 ‘‘(B) in the case of a grant of $200,000 or 

24 more, 95 percent of such cost, except as pro25 vided in paragraph (2). 


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1 ‘‘(2) WAIVER.—The Secretary may waive the 

2 application of paragraph (1)(B) with respect to a 

3 grant to an Indian Tribe, or otherwise reduce the 

4 portion of the share of the cost of an activity re5 quired to be paid by an Indian Tribe under such 

6 paragraph, if the Secretary determines that the 

7 Tribe does not have sufficient funds to pay such por8 tion. 

9 ‘‘(c) COMPATIBILITY.—The Secretary may not award 

10 a grant under this section unless the Secretary determines 

11 that the activities to be carried out with the grant are 

12 compatible with this title. 

13 ‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.—An 

14 Indian Tribe that receives a grant under this section shall 

15 use the grant funds for one or more of the objectives and 

16 purposes authorized under subsections (b) and (c), respec17 tively, of section 306A. 

18 ‘‘(e) FUNDING.—There is authorized to be appro19 priated to carry out this section $5,000,000 for each of 

20 fiscal years 2024 through 2028, of which not more than 

21 3 percent shall be used for administrative costs to carry 

22 out this section. 

23 ‘‘(f) DEFINITIONS.—In this section: 


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1 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

2 has the meaning given such term under section 2601 

3 of the Energy Policy Act of 1992 (25 U.S.C. 3501). 

4 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 

5 has the meaning given such term in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304). 

8 ‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 

9 coastal zone’ means any Indian land that is within 

10 the coastal zone. 

11 ‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The 

12 term ‘Tribal coastal zone objective’ means, with re13 spect to an Indian Tribe, any of the following objec14 tives: 

15 ‘‘(A) Protection, restoration, or preserva16 tion of areas in the Tribal coastal zone of such 

17 Tribe that— 

18 ‘‘(i) hold important ecological, cul19 tural, or sacred significance for such Tribe; 

20 or 

21 ‘‘(ii) reflect traditional, historic, and 

22 aesthetic values essential to such Tribe. 

23 ‘‘(B) Preparing and implementing a special 

24 area management plan and technical planning 

25 for important coastal areas. 


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1 ‘‘(C) Any coastal or shoreline stabilization 

2 measure, including any mitigation measure, for 

3 the purpose of public safety, public access, or 

4 cultural or historical preservation.’’. 

5 (b) GUIDANCE.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Com7 merce shall issue guidance for the program established 

8 under the amendment made by subsection (a), including 

9 the criteria for awarding grants under such program based 

10 on consultation with Indian Tribes (as that term is defined 

11 in that amendment). 

12 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB13 JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man14 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amend15 ed— 

16 (1) in subparagraph (D), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (E), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(F) fulfilling any Tribal coastal zone objective 

22 (as that term is defined in section 309A).’’. 

23 (d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 

24 this section, including an amendment made by this sec25 tion, shall be construed to affect the ability of an Indian 


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1 Tribe to apply for assistance, receive assistance under, or 

2 participate in any program authorized by any section of 

3 the Coastal Zone Management Act of 1972 (16 U.S.C. 

4 1451 et seq.) or other related Federal laws. 

5 SEC. 24. COSMETIC LABELING. 

6 (a) IN GENERAL.—Chapter VI of the Federal Food, 

7 Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amend8 ed by adding at the end the following: 

9 ‘‘SEC. 604. LABELING. 

10 ‘‘(a) COSMETIC PRODUCTS FOR PROFESSIONAL

11 USE.— 

12 ‘‘(1) DEFINITION OF PROFESSIONAL.—With re13 spect to cosmetics, the term ‘professional’ means an 

14 individual who— 

15 ‘‘(A) is licensed by an official State author16 ity to practice in the field of cosmetology, nail 

17 care, barbering, or esthetics; 

18 ‘‘(B) has complied with all requirements 

19 set forth by the State for such licensing; and 

20 ‘‘(C) has been granted a license by a State 

21 board or legal agency or legal authority. 

22 ‘‘(2) LISTING OF INGREDIENTS.—Cosmetic 

23 products used and sold by professionals shall list all 

24 ingredients and warnings, as required for other cos25 metic products under this chapter. 


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1 ‘‘(3) PROFESSIONAL USE LABELING.—In the 

2 case of a cosmetic product intended to be used only 

3 by a professional on account of a specific ingredient 

4 or increased concentration of an ingredient that re5 quires safe handling by trained professionals, the 

6 product shall bear a statement as follows: ‘To be Ad7 ministered Only by Licensed Professionals’. 

8 ‘‘(b) DISPLAY REQUIREMENTS.—A listing required 

9 under subsection (a)(2) and a statement required under 

10 subsection (a)(3) shall be prominently displayed— 

11 ‘‘(1) in the primary language used on the label; 

12 and 

13 ‘‘(2) in conspicuous and legible type in contrast 

14 by typography, layout, or color with other material 

15 printed or displayed on the label. 

16 ‘‘(c) INTERNET SALES.—In the case of internet sales 

17 of cosmetics, each internet website offering a cosmetic 

18 product for sale to consumers shall provide the same infor19 mation that is included on the packaging of the cosmetic 

20 product as regularly available through in-person sales, ex21 cept information that is unique to a single cosmetic prod22 uct sold in a retail facility, such as a lot number or expira23 tion date, and the warnings and statements described in 

24 subsection (b) shall be prominently and conspicuously dis25 played on the website. 


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1 ‘‘(d) CONTACT INFORMATION.—The label on each 

2 cosmetic shall bear the domestic telephone number or elec3 tronic contact information, and it is encouraged that the 

4 label include both the telephone number and electronic 

5 contact information, that consumers may use to contact 

6 the responsible person with respect to adverse events. The 

7 contact number shall provide a means for consumers to 

8 obtain additional information about ingredients in a cos9 metic, including the ability to ask if a specific ingredient 

10 may be present that is not listed on the label, including 

11 whether a specific ingredient may be contained in the fra12 grance or flavor used in the cosmetic. The manufacturer 

13 of the cosmetic is responsible for providing such informa14 tion, including obtaining the information from suppliers 

15 if it is not readily available. Suppliers are required to re16 lease such information upon request of the cosmetic manu17 facturer.’’. 

18 (b) MISBRANDING.—Section 602 of the Federal 

19 Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amend20 ed by adding at the end the following: 

21 ‘‘(g) If its labeling does not conform with a require22 ment under section 604.’’. 

23 (c) EFFECTIVE DATE.—Section 604 of the Federal 

24 Food, Drug, and Cosmetic Act, as added by subsection 


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1 (a), shall take effect on the date that is 1 year after the 

2 date of enactment of this Act. 

3 SEC. 25. SAFER COSMETIC ALTERNATIVES FOR DIS4 PROPORTIONATELY IMPACTED COMMU5 NITIES. 

6 (a) IN GENERAL.—The Secretary of Health and 

7 Human Services (in this section referred to as the ‘‘Sec8 retary’’), acting through the Commissioner of Food and 

9 Drugs, shall award grants to eligible entities— 

10 (1) to support research focused on the design of 

11 safer alternatives to chemicals in cosmetics with in12 herent toxicity or associated with chronic adverse 

13 health effects; or 

14 (2) to provide educational awareness and com15 munity outreach efforts to educate and promote the 

16 use of safer alternatives in cosmetics. 

17 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

18 grant under subsection (a), an entity shall— 

19 (1) be a public institution such as a university, 

20 a nonprofit research institution, or a nonprofit 

21 grassroots organization; and 

22 (2) not benefit from a financial relationship 

23 with a chemical or cosmetics manufacturer, supplier, 

24 or trade association. 


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1 (c) PRIORITY.—In awarding grants under subsection 

2 (a), the Secretary shall give priority to applicants pro3 posing to focus on— 

4 (1) replacing chemicals in professional cosmetic 

5 products used by nail and hair and beauty salon 

6 workers with safer alternatives; or 

7 (2) replacing chemicals in cosmetic products 

8 marketed to women and girls of color, including any 

9 such beauty, personal hygiene, and intimate care 

10 products, with safer alternatives. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

12 out this section, there are authorized to be appropriated 

13 such sums as may be necessary for fiscal years 2023 

14 through 2027. 

15 SEC. 26. SAFER CHILD CARE CENTERS, SCHOOLS, AND 

16 HOMES FOR DISPROPORTIONATELY IM17 PACTED COMMUNITIES. 

18 (a) IN GENERAL.—The Secretary of Health and 

19 Human Services (in this section referred to as the ‘‘Sec20 retary’’), acting through the Commissioner of Food and 

21 Drugs, in consultation with the Administrator of the Envi22 ronmental Protection Agency, shall award grants to eligi23 ble entities to support research focused on the design of 

24 safer alternatives to chemicals in consumer, cleaning, toy, 


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1 and baby products with inherent toxicity or that are asso2 ciated with chronic adverse health effects. 

3 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

4 grant under subsection (a), an entity shall— 

5 (1) be a public institution such as a university 

6 or a nonprofit research institution; and 

7 (2) not benefit from a financial relationship 

8 with— 

9 (A) a chemical manufacturer, supplier, or 

10 trade association; or 

11 (B) a cleaning, toy, or baby product manu12 facturer, supplier, or trade association. 

13 (c) PRIORITY.—In awarding grants under subsection 

14 (a), the Secretary shall give priority to applicants pro15 posing to focus on replacing chemicals in cleaning, toy, 

16 or baby products used by childcare providers with safer 

17 alternatives. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

19 out this section, there are authorized to be appropriated 

20 such sums as may be necessary for fiscal years 2023 

21 through 2027. 


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1 SEC. 27. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF 

2 LABELING DOES NOT INCLUDE INGREDI3 ENTS. 

4 (a) IN GENERAL.—Section 502 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 352) is amended by 

6 adding at the end the following: 

7 ‘‘(gg) If it is a menstrual product, such as a men8 strual cup, a scented, scented deodorized, or unscented 

9 menstrual pad or tampon, a therapeutic vaginal douche 

10 apparatus, or an obstetrical and gynecological device de11 scribed in section 884.5400, 884.5425, 884.5435, 

12 884.5460, 884.5470, or 884.5900 of title 21, Code of Fed13 eral Regulations (or any successor regulation), unless its 

14 label or labeling lists the name of each ingredient or com15 ponent of the product in order of the most predominant 

16 ingredient or component to the least predominant ingre17 dient or component.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) applies with respect to products introduced 

20 or delivered for introduction into interstate commerce on 

21 or after the date that is one year after the date of the 

22 enactment of this Act. 


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1 SEC. 28. SUPPORT BY NATIONAL INSTITUTE OF ENVIRON2 MENTAL HEALTH SCIENCES FOR RESEARCH 

3 ON HEALTH DISPARITIES IMPACTING COM4 MUNITIES OF COLOR. 

5 Subpart 12 of part C of title IV of the Public Health 

6 Service Act (42 U.S.C. 285l et seq.) is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED 

9 TO COSMETICS IMPACTING COMMUNITIES OF 

10 COLOR. 

11 ‘‘(a) IN GENERAL.—The Director of the Institute 

12 shall award grants to eligible entities— 

13 ‘‘(1) to expand support for basic, epidemiolog14 ical, and social scientific investigations into— 

15 ‘‘(A) the chemicals linked (or with possible 

16 links) to adverse health effects most commonly 

17 found in cosmetics marketed to women and 

18 girls of color, including beauty, personal hy19 giene, and intimate care products; 

20 ‘‘(B) the marketing and sale of such cos21 metics containing chemicals linked to adverse 

22 health effects to women and girls of color across 

23 their lifespans; 

24 ‘‘(C) the use of such cosmetics by women 

25 and girls of color across their lifespans; or 


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1 ‘‘(D) the chemicals linked to the adverse 

2 health effects most commonly found in products 

3 used by nail, hair, and beauty salon workers; 

4 ‘‘(2) to provide educational awareness and com5 munity outreach efforts to educate and promote the 

6 use of safer alternatives in cosmetics; and 

7 ‘‘(3) to disseminate the results of any such re8 search described in subparagraph (A) or (B) of 

9 paragraph (1) (conducted by the grantee pursuant 

10 to this section or otherwise) to help communities 

11 identify and address potentially unsafe chemical ex12 posures in the use of cosmetics. 

13 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

14 a grant under subsection (a), an entity shall— 

15 ‘‘(1) be a public institution such as a university, 

16 a nonprofit research institution, or a nonprofit 

17 grassroots organization; and 

18 ‘‘(2) not benefit from a financial relationship 

19 with a chemical or cosmetics manufacturer, supplier, 

20 or trade association. 

21 ‘‘(c) REPORT.—Not later than the end 1 year after 

22 awarding grants under this section, and each year there23 after, the Director of the Institute shall submit to the 

24 Committee on Energy and Commerce of the House of 

25 Representatives and the Committee on Health, Education, 


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1 Labor, and Pensions of the Senate, and make publicly 

2 available, a report on the results of the investigations 

3 funded under subsection (a), including— 

4 ‘‘(1) summary findings on— 

5 ‘‘(A) marketing strategies, product cat6 egories, and specific cosmetics containing ingre7 dients linked to adverse health effects; and 

8 ‘‘(B) the demographics of the populations 

9 marketed to and using cosmetics containing 

10 such ingredients for personal and professional 

11 use; and 

12 ‘‘(2) recommended public health information 

13 strategies to reduce potentially unsafe exposures to 

14 cosmetics. 

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

16 carry out this section, there are authorized to be appro17 priated such sums as may be necessary for fiscal years 

18 2023 through 2027.’’. 

19 SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE. 

20 (a) DEFINITIONS.—In this section: 

21 (1) NONPRODUCING LEASE.—The term ‘‘non22 producing lease’’ means any Federal onshore or off23 shore oil or natural gas lease under which oil or nat24 ural gas is produced for fewer than 90 days in an 

25 applicable calendar year. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (b) MINERAL LEASING REVENUE.— 

4 (1) COAL LEASES.—Section 7(a) of the Mineral 

5 Leasing Act (30 U.S.C. 207(a)) is amended, in the 

fourth sentence, by striking ‘‘121 6 ⁄2 per centum’’ and 

7 inserting ‘‘18.75 percent’’. 

8 (2) LEASES ON LAND KNOWN OR BELIEVED TO

9 CONTAIN OIL OR NATURAL GAS.—Section 17 of the 

10 Mineral Leasing Act (30 U.S.C. 226) is amended— 

11 (A) in subsection (b)— 

12 (i) in paragraph (1)(A)— 

13 (I) in the fourth sentence, by 

14 striking ‘‘shall be held’’ and all that 

15 follows through ‘‘are necessary’’ and 

16 inserting ‘‘may be held in each State 

17 not more than once each year’’; and 

18 (II) in the fifth sentence, by 

19 striking ‘‘12.5 percent’’ and inserting 

20 ‘‘18.75 percent’’; and 

21 (ii) in paragraph (2)(A)(ii), by striking ‘‘121 22 ⁄2 per centum’’ and inserting 

23 ‘‘18.75 percent’’; 


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1 (B) in subsection (c)(1), in the second sen2 tence, by striking ‘‘12.5 percent’’ and inserting 

3 ‘‘18.75 percent’’; 

(C) in subsection (l), by striking ‘‘121 4 ⁄2 per 

5 centum’’ each place it appears and inserting 

6 ‘‘18.75 percent’’; and 

7 (D) in subsection (n)(1)(C), by striking 

‘‘121 8 ⁄2 per centum’’ and inserting ‘‘18.75 per9 cent’’. 

10 (3) REINSTATEMENT OF LEASES.—Section 

11 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 

188(e)(3)) is amended by striking ‘‘162 12 ⁄3’’ each place 

13 it appears and inserting ‘‘25’’. 

14 (4) DEPOSITS.—Section 35 of the Mineral 

15 Leasing Act (30 U.S.C. 191) is amended— 

16 (A) in subsection (a), in the first sentence, 

17 by striking ‘‘All’’ and inserting ‘‘Except as pro18 vided in subsection (e), all’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(e) DISTRIBUTION OF CERTAIN AMOUNTS.—Not21 withstanding subsection (a), the amount of any increase 

22 in revenues collected as a result of the amendments made 

23 by subsection (b) of section 29 of the A. Donald McEachin 

24 Environmental Justice For All Act shall be deposited and 


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1 distributed in accordance with subsection (d) of that sec2 tion.’’. 

3 (c) FEES FOR PRODUCING LEASES AND NONPRO4 DUCING LEASES.— 

5 (1) CONSERVATION OF RESOURCES FEES.— 

6 There is established a fee of $4 per acre per year 

7 on producing Federal onshore and offshore oil and 

8 gas leases. 

9 (2) SPECULATIVE LEASING FEES.—There is es10 tablished a fee of $6 per acre per year on nonpro11 ducing leases. 

12 (d) DEPOSIT.— 

13 (1) IN GENERAL.—All amounts collected under 

14 paragraphs (1) and (2) of subsection (c) shall be de15 posited in the Federal Energy Transition Economic 

16 Development Assistance Fund established by section 

17 30(c). 

18 (2) MINERAL LEASING REVENUE.—Notwith19 standing any other provision of law, of the amount 

20 of any increase in revenue collected as a result of the 

21 amendments made by subsection (b)— 

22 (A) 50 percent shall be deposited in the 

23 Federal Energy Transition Economic Develop24 ment Assistance Fund established by section 

25 30(c); and 


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1 (B) 50 percent shall be distributed to the 

2 State in which the production occurred. 

3 (e) ADJUSTMENT FOR INFLATION.—The Secretary 

4 shall, by regulation at least once every 4 years, adjust each 

5 fee established by subsection (c) to reflect any change in 

6 the Consumer Price Index (all items, United States city 

7 average) as prepared by the Department of Labor. 

8 SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DE9 PENDENT COMMUNITIES. 

10 (a) PURPOSE.—The purpose of this section is to pro11 mote economic revitalization, diversification, and develop12 ment in communities— 

13 (1) that depend on fossil fuel mining, extrac14 tion, or refining for a significant amount of eco15 nomic opportunities; or 

16 (2) in which a significant proportion of the pop17 ulation is employed at electric generating stations 

18 that use fossil fuels as the predominant fuel supply. 

19 (b) DEFINITIONS.—In this section: 

20 (1) ADVISORY COMMITTEE.—The term ‘‘Advi21 sory Committee’’ means the Just Transition Advi22 sory Committee established by subsection (g)(1). 

23 (2) DISPLACED WORKER.—The term ‘‘displaced 

24 worker’’ means an individual who, due to efforts to 

25 reduce net emissions from public land or as a result 


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1 of a downturn in fossil fuel mining, extraction, or 

2 production, has suffered a reduction in employment 

3 or economic opportunities. 

4 (3) FOSSIL FUEL.—The term ‘‘fossil fuel’’ 

5 means coal, petroleum, natural gas, tar sands, oil 

6 shale, or any derivative of coal, petroleum, or nat7 ural gas. 

8 (4) FOSSIL FUEL-DEPENDENT COMMUNITY.— 

9 The term ‘‘fossil fuel-dependent community’’ means 

10 a community— 

11 (A) that depends on fossil fuel mining, and 

12 extraction, or refining for a significant amount 

13 of economic opportunities; or 

14 (B) in which a significant proportion of the 

15 population is employed at electric generating 

16 stations that use fossil fuels as the predominant 

17 fuel supply. 

18 (5) FOSSIL FUEL TRANSITION COMMUNITY.— 

19 The term ‘‘fossil fuel transition community’’ means 

20 a community— 

21 (A) that has been adversely affected eco22 nomically by a recent reduction in fossil fuel 

23 mining, extraction, or production-related activ24 ity, as demonstrated by employment data, per 


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1 capita income, or other indicators of economic 

2 distress; 

3 (B) that has historically relied on fossil 

4 fuel mining, extraction, or production-related 

5 activity for a substantial portion of its economy; 

6 or 

7 (C) in which the economic contribution of 

8 fossil fuel mining, extraction, or production-re9 lated activity has significantly declined. 

10 (6) FUND.—The term ‘‘Fund’’ means the Fed11 eral Energy Transition Economic Development As12 sistance Fund established by subsection (c). 

13 (7) PUBLIC LAND.— 

14 (A) IN GENERAL.—The term ‘‘public land’’ 

15 means any land and interest in land owned by 

16 the United States within the several States and 

17 administered by the Secretary or the Secretary 

18 of Agriculture (acting through the Chief of the 

19 Forest Service) without regard to how the 

20 United States acquired ownership. 

21 (B) INCLUSION.—The term ‘‘public land’’ 

22 includes land located on the outer Continental 

23 Shelf. 


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1 (C) EXCLUSION.—The term ‘‘public land’’ 

2 does not include land held in trust for an In3 dian Tribe or member of an Indian Tribe. 

4 (8) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (c) ESTABLISHMENT OF FEDERAL ENERGY TRANSI7 TION ECONOMIC DEVELOPMENT ASSISTANCE FUND.— 

8 There is established in the Treasury of the United States 

9 a fund, to be known as the ‘‘Federal Energy Transition 

10 Economic Development Assistance Fund’’, which shall 

11 consist of amounts deposited in the Fund under section 

12 29(d). 

13 (d) DISTRIBUTION OF FUNDS.—Of the amounts de14 posited in the Fund— 

15 (1) 35 percent shall be distributed by the Sec16 retary to States in which extraction of fossil fuels 

17 occurs on public land, based on a formula reflecting 

18 existing production and extraction in the State; 

19 (2) 35 percent shall be distributed by the Sec20 retary to States based on a formula reflecting the 

21 quantity of fossil fuels historically produced and ex22 tracted in the State on public land before the date 

23 of enactment of this Act; and 

24 (3) 30 percent shall be allocated to a competi25 tive grant program under subsection (f). 


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1 (e) USE OF FUNDS.— 

2 (1) IN GENERAL.—Funds distributed by the 

3 Secretary to States under paragraphs (1) and (2) of 

4 subsection (d) may be used for— 

5 (A) environmental remediation of land and 

6 waters impacted by the full lifecycle of fossil 

7 fuel extraction and mining; 

8 (B) building partnerships to attract and 

9 invest in the economic future of historically fos10 sil fuel-dependent communities; 

11 (C) increasing capacity and other technical 

12 assistance fostering long-term economic growth 

13 and opportunity in historically fossil fuel-de14 pendent communities; 

15 (D) guaranteeing pensions, healthcare, and 

16 retirement security and providing a bridge of 

17 wage support until a displaced worker either 

18 finds new employment or reaches retirement; 

19 (E) severance payments for displaced 

20 workers; 

21 (F) carbon sequestration projects in nat22 ural systems on public land; or 

23 (G) expanding broadband access and 

24 broadband infrastructure. 


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1 (2) PRIORITY TO FOSSIL FUEL WORKERS.—In 

2 distributing funds under paragraph (1), the Sec3 retary shall give priority to assisting displaced work4 ers dislocated from fossil fuel mining and extraction 

5 industries. 

6 (f) COMPETITIVE GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a competitive grant program to provide funds to eli9 gible entities for the purposes described in para10 graph (3). 

11 (2) DEFINITION OF ELIGIBLE ENTITY.—In this 

12 subsection, the term ‘‘eligible entity’’ means a local 

13 government, State government, or Indian Tribe, 

14 local development district (as defined in section 

15 382E(a) of the Consolidated Farm and Rural Devel16 opment Act (7 U.S.C. 2009aa–4(a))), a nonprofit 

17 organization, labor union, economic development 

18 agency, or institution of higher education (including 

19 a community college). 

20 (3) ELIGIBLE USE OF FUNDS.—The Secretary 

21 may award grants from amounts in the Fund made 

22 available under subsection (d)(3) for— 

23 (A) the purposes described in subsection 

24 (e)(1); 


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1 (B)(i) existing job retraining and appren2 ticeship programs for displaced workers; or 

3 (ii) programs designed to promote eco4 nomic development in communities affected by 

5 a downturn in fossil fuel extraction and mining; 

6 (C) developing projects that— 

7 (i) diversify local and regional econo8 mies; 

9 (ii) create jobs in new or existing non10 fossil fuel industries; 

11 (iii) attract new sources of job-cre12 ating investment; or 

13 (iv) provide a range of workforce serv14 ices and skills training; 

15 (D) internship programs in a field related 

16 to clean energy; and 

17 (E) the development and support of— 

18 (i) a clean energy certificate program 

19 at a labor organization; or 

20 (ii) a clean energy major or minor 

21 program at an institution of higher edu22 cation (as defined in section 101 of the 

23 Higher Education Act of 1965 (20 U.S.C. 

24 1001)). 

25 (g) JUST TRANSITION ADVISORY COMMITTEE.— 


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1 (1) ESTABLISHMENT.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall establish an advisory committee, to be 

4 known as the ‘‘Just Transition Advisory Com5 mittee’’. 

6 (2) CHAIR.—The President shall appoint a 

7 Chair of the Advisory Committee. 

8 (3) DUTIES.—The Advisory Committee shall— 

9 (A) advise, assist, and support the Sec10 retary in— 

11 (i) the management and allocation of 

12 funds available under subsection (d); and 

13 (ii) the establishment and administra14 tion of the competitive grant program 

15 under subsection (f); and 

16 (B) develop procedures to ensure that 

17 States and applicants eligible to participate in 

18 the competitive grant program established 

19 under subsection (f) are notified of the avail20 ability of Federal funds pursuant to this sec21 tion. 

22 (4) MEMBERSHIP.— 

23 (A) IN GENERAL.—The total number of 

24 members of the Advisory Committee shall not 

25 exceed 20 members. 


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1 (B) COMPOSITION.—The Advisory Com2 mittee shall be composed of the following mem3 bers appointed by the Chair: 

4 (i) A representative of the Assistant 

5 Secretary of Commerce for Economic De6 velopment. 

7 (ii) A representative of the Secretary 

8 of Labor. 

9 (iii) A representative of the Under 

10 Secretary for Rural Development. 

11 (iv) 2 individuals with professional 

12 economic development or workforce re13 training experience. 

14 (v) An equal number of representa15 tives from each of the following: 

16 (I) Labor unions. 

17 (II) Nonprofit environmental or18 ganizations. 

19 (III) Environmental justice orga20 nizations. 

21 (IV) Fossil fuel transition com22 munities. 

23 (V) Public interest groups. 

24 (VI) Tribal and Indigenous com25 munities. 


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1 (5) TERMINATION.—The Advisory Committee 

2 shall not terminate except by an Act of Congress. 

3 (h) LIMIT ON USE OF FUNDS.— 

4 (1) ADMINISTRATIVE COSTS.—Not more than 7 

5 percent of the amounts in the Fund may be used for 

6 administrative costs incurred in implementing this 

7 section. 

8 (2) LIMITATION ON FUNDS TO A SINGLE ENTI9 TY.—Not more than 5 percent of the amounts in the 

10 Fund may be awarded to a single eligible entity. 

11 (3) CALENDAR YEAR LIMITATION.—Not less 

12 than 15 percent of the amounts in the Fund shall 

13 be spent in each calendar year. 

14 (i) USE OF AMERICAN IRON, STEEL, AND MANUFAC15 TURED GOODS.—None of the funds appropriated or other16 wise made available by this section may be used for a 

17 project for the construction, alteration, maintenance, or 

18 repair of a public building or public work unless all of the 

19 iron, steel, and manufactured goods used in the project 

20 are produced in the United States, unless the manufac21 tured good is not produced in the United States. 

22 (j) SUBMISSION TO CONGRESS.—The Secretary shall 

23 submit to the Committees on Appropriations and Energy 

24 and Natural Resources of the Senate and the Committees 

25 on Appropriations and Natural Resources of the House 


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1 of Representatives, with the annual budget submission of 

2 the President, a list of projects, including a description 

3 of each project, that received funding under this section 

4 in the previous calendar year. 

5 SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE 

6 UNITED STATES. 

7 Not later than 2 years after the date of enactment 

8 of this Act, and biennially thereafter, the Comptroller 

9 General of the United States shall submit to the Commit10 tees on Energy and Commerce and Natural Resources of 

11 the House of Representatives, and the Committees on En12 vironment and Public Works and Energy and Natural Re13 sources of the Senate, a report that contains an evaluation 

14 of the effectiveness of each activity carried out under this 

15 Act and the amendments made by this Act. 

Æ 


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