I 
116TH CONGRESS 
2D SESSION 
H. R. 5986 
To restore, reaffirm, and reconcile environmental justice and civil rights, 
provide for the establishment of the Interagency Working Group on 
Environmental Justice Compliance and Enforcement, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2020 
Mr. GRIJALVA (for himself, Mr. MCEACHIN, Mr. KENNEDY, Ms. BARRAGA´N, 
Ms. NORTON, Mr. ESPAILLAT, Ms. HAALAND, Ms. LEE of California, Mr. 
LOWENTHAL, Ms. TLAIB, Ms. CLARKE of New York, Ms. JUDY CHU of 
California, Mr. NEGUSE, Ms. SCHAKOWSKY, Ms. MENG, Mr. GOMEZ, Mr. 
BEYER, Ms. BLUNT ROCHESTER, Mr. GARCI´A of Illinois, and Ms. 
JAYAPAL) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Natural Resources, the Judiciary, Transportation and Infrastructure, Ag-
riculture, and Education and Labor, for a period to be subsequently de-
termined 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, provide for the establishment of the Inter-
agency Working Group on Environmental Justice Com-
pliance and Enforcement, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Environmental Justice For All Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents; findings. 
Sec. 2. 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. Interagency Working Group on Environmental Justice Compliance and 
Enforcement. 
Sec. 9. Federal agency actions and responsibilities. 
Sec. 10. Ombudsmen. 
Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. 
Sec. 12. Transit to trails grant program. 
Sec. 13. Every Kid Outdoors. 
Sec. 14. Protections for environmental justice communities against harmful 
Federal actions. 
Sec. 15. Training of employees of Federal agencies. 
Sec. 16. Environmental justice grant programs. 
Sec. 17. Environmental justice basic training program. 
Sec. 18. National Environmental Justice Advisory Council. 
Sec. 19. Environmental Justice Clearinghouse. 
Sec. 20. Public meetings. 
Sec. 21. Environmental projects for environmental justice communities. 
Sec. 22. Grants to further achievement of Tribal coastal zone objectives. 
Sec. 23. Cosmetic labeling. 
Sec. 24. Safer cosmetic alternatives for disproportionately impacted commu-
nities. 
Sec. 25. Safer child care centers, schools, and homes for disproportionately im-
pacted communities. 
Sec. 26. Certain menstrual products misbranded if labeling does not include in-
gredients. 
Sec. 27. Support by National Institute of Environmental Health Sciences for 
research on health disparities impacting communities of color. 
Sec. 28. Revenues for just transition assistance. 
Sec. 29. Economic revitalization for fossil fuel dependent communities. 
Sec. 30. Evaluation by Comptroller General of the United States. 
(c) FINDINGS.—Congress finds the following: 
(1) Communities of color, low-income commu-
nities, Tribal and indigenous communities, fossil 
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fuel-dependent communities, and other vulnerable 
populations, such as persons with disabilities, chil-
dren, and the elderly, are disproportionately bur-
dened by environmental hazards that include expo-
sure to polluted air, waterways, and landscapes. 
(2) Environmental justice disparities are also 
exhibited through a lack of equitable access to green 
spaces, public recreation opportunities, and informa-
tion and data on potential exposure to environmental 
hazards. 
(3) Communities experiencing environmental in-
justice have been subjected to systemic racial, social, 
and economic injustices and face a disproportionate 
burden of adverse human health or environmental 
effects, a higher risk of intentional, unconscious, and 
structural discrimination, and disproportionate en-
ergy burdens. 
(4) Environmental justice communities have 
been made more vulnerable to the effects of climate 
change due to a combination of factors, particularly 
the legacy of segregation and historically racist zon-
ing codes, and often have the least resources to re-
spond, making it a necessity for environmental jus-
tice communities to be meaningfully engaged as 
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partners and stakeholders in government decision- 
making as our nation builds its climate resilience. 
(5) Potential environmental and climate threats 
to environmental justice communities merit a higher 
level of engagement, review, and consent to ensure 
that communities are not forced to bear dispropor-
tionate environmental and health impacts. 
(6) The burden of proof that a proposed action 
will not harm communities, including through cumu-
lative exposure effects, should fall on polluting in-
dustries and on the Federal Government in its regu-
latory role, not the communities themselves. 
(7) Executive Order 12898 (59 Fed. Reg. 32, 
relating to Federal Actions To Address Environ-
mental Justice in Minority Populations and Low-In-
come Populations) directs Federal agencies to ad-
dress disproportionately high and adverse human 
health or environmental effects of its programs, but 
Federal agencies have been inconsistent in updating 
their strategic plans for environmental justice and 
reporting on their progress in enacting these plans. 
(8) Government action to correct environmental 
injustices is a moral imperative. Federal policy can 
and should improve public health and improve the 
overall well-being of all communities. 
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(9) All people have the right to breathe clean 
air, drink clean water, live free of dangerous levels 
of toxic pollution, and share the benefits of a pros-
perous and vibrant pollution-free economy. 
(10) A fair and just transition to a pollution- 
free economy is necessary to ensure that workers 
and communities in deindustrialized areas have ac-
cess to the resources and benefits of a sustainable 
future. This transition must also address the eco-
nomic disparities experienced by residents living in 
areas contaminated by pollution or environmental 
degradation, including access to jobs, and members 
of those communities must be fully and meaningfully 
involved in transition planning processes. 
(11) It is the responsibility of the Federal Gov-
ernment to seek to achieve environmental justice, 
health equity, and climate justice for all commu-
nities. 
SEC. 2. STATEMENT OF POLICY. 
It is the policy of Congress that each Federal agency 
should— 
(1) seek to achieve environmental justice as 
part of its mission by identifying and addressing, as 
appropriate, 
disproportionately 
adverse 
human 
health or environmental effects of its programs, poli-
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cies, practices, and activities on communities of 
color, low-income communities, and Tribal and in-
digenous communities in each State and territory of 
the United States; 
(2) promote meaningful involvement by commu-
nities and due process in the development, imple-
mentation, and enforcement of environmental laws; 
(3) provide direct guidance and technical assist-
ance to communities experiencing environmental in-
justice focused on increasing shared understanding 
of the science, laws, regulations, and policy related 
to Federal agency action on environmental justice 
issues; 
(4) cooperate with State governments, Tribal 
Governments, and local governments to address pol-
lution and public health burdens in communities ex-
periencing 
environmental 
injustice, 
and 
build 
healthy, sustainable, and resilient communities; and 
(5) recognize the right of all people to clean air, 
safe and affordable drinking water, protection from 
climate hazards, and to the sustainable preservation 
of the ecological integrity and aesthetic, scientific, 
cultural, and historical values of the natural environ-
ment. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ADVISORY COUNCIL.—The term ‘‘Advisory 
Council’’ means the National Environmental Justice 
Advisory Council established by the President under 
section 18. 
(3) AGGRIEVED PERSON.—The term ‘‘aggrieved 
person’’ means a person aggrieved by discrimination 
on the basis of race, color, or national origin. 
(4) CLEARINGHOUSE.—The term ‘‘Clearing-
house’’ means the Environmental Justice Clearing-
house established by the Administrator under section 
19. 
(5) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the population of any of the following 
categories of individuals is higher than the average 
populations of that category for the State in which 
the community is located: 
(A) Black. 
(B) African American. 
(C) Asian. 
(D) Pacific Islander. 
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(E) Other non-White race. 
(F) Hispanic. 
(G) Latino. 
(H) Linguistically isolated. 
(6) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means an agency described in section 8(c). 
(7) 
DEMONSTRATES.—The 
term 
‘‘dem-
onstrates’’ means meets the burdens of going for-
ward with the evidence and of persuasion. 
(8) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Environ-
mental Health Sciences. 
(9) DISPARATE IMPACT.—The term ‘‘disparate 
impact’’ means an action or practice that, even if 
appearing neutral, actually has the effect of sub-
jecting persons to discrimination because of their 
race, color, or national origin. 
(10) DISPROPORTIONATE BURDEN OF ADVERSE 
HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 
The term ‘‘disproportionate burden of adverse 
human health or environmental effects’’ means a sit-
uation where there exists higher or more adverse 
human health or environmental effects on commu-
nities of color, low-income communities, and Tribal 
and indigenous communities. 
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(11) ENVIRONMENTAL
JUSTICE.—The term 
‘‘environmental justice’’ means the fair treatment 
and meaningful involvement of all people regardless 
of race, color, culture, national origin, or income, 
with respect to the development, implementation, 
and enforcement of environmental laws, regulations, 
and policies to ensure that each person enjoys— 
(A) the same degree of protection from en-
vironmental and health hazards; and 
(B) equal access to any Federal agency ac-
tion on environmental justice issues in order to 
have a healthy environment in which to live, 
learn, work, and recreate. 
(12) ENVIRONMENTAL JUSTICE COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low-income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing higher or more adverse 
human health or environmental effects. 
(13) ENVIRONMENTAL LAW.—The term ‘‘envi-
ronmental law’’ includes laws such as the Clean Air 
Act (42 U.S.C. 7401 et seq.), the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), the 
Energy Policy Act of 2005, the National Environ-
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mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
the Pollution Prevention Act of 1990 (42 U.S.C. 
13101 et seq.), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.), and the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.). 
(14) FAIR TREATMENT.—The term ‘‘fair treat-
ment’’ means the conduct of a program, policy, prac-
tice or activity by a Federal agency in a manner that 
ensures that no group of individuals (including ra-
cial, ethnic, or socioeconomic groups) experience a 
disproportionate burden of adverse human health or 
environmental effects resulting from such program, 
policy, practice, or activity, as determined through 
consultation with, and with the meaningful partici-
pation of, individuals from the communities affected 
by a program, policy, practice or activity of a Fed-
eral agency. 
(15) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
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(16) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ means— 
(A) a county, municipality, city, town, 
township, local public authority, school district, 
special district, intrastate district, council of 
governments (regardless of whether the council 
of governments is incorporated as a nonprofit 
corporation under State law), regional or inter-
state governmental entity, or agency or instru-
mentality of a local government; or 
(B) an Indian Tribe or authorized Tribal 
organization, or Alaska Native village or organi-
zation, that is not a Tribal Government. 
(17) LOW-INCOME
COMMUNITY.—The term 
‘‘low-income community’’ means any census block 
group in which 30 percent or more of the population 
are individuals with an annual household income 
equal to, or less than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
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(18) POPULATION.—The term ‘‘population’’ 
means a census block group or series of geographi-
cally contiguous blocks representing certain common 
characteristics, such as (but not limited to) race, 
ethnicity, national origin, income-level, health dis-
parities, or other public health and socioeconomic at-
tributes. 
(19) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(20) TRIBAL AND INDIGENOUS COMMUNITY.— 
The term ‘‘Tribal and indigenous community’’ refers 
to a population of people who are members of— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; and 
(D) any other community of indigenous 
people located in a State. 
(21) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of an In-
dian Tribe. 
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(22) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the Interagency Working Group on 
Environmental Justice Compliance and Enforcement 
established by the President under section 8. 
SEC. 4. PROHIBITED DISCRIMINATION. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
(1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 
and 
(2) by adding at the end the following: 
‘‘(b)(1)(A) Discrimination (including exclusion from 
participation and denial of benefits) based on disparate 
impact is established under this title if— 
‘‘(i) a covered agency has a program, policy, 
practice, or activity that causes a disparate impact 
on the basis of race, color, or national origin and the 
covered agency fails to demonstrate that the chal-
lenged program, policy, practice, or activity is re-
lated to and necessary to achieve the nondiscrim-
inatory goal of the program, policy, practice, or ac-
tivity alleged to have been operated in a discrimina-
tory manner; or 
‘‘(ii) a less discriminatory alternative program, 
policy, practice, or activity exists, and the covered 
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agency refuses to adopt such alternative program, 
policy, practice, or activity. 
‘‘(B) With respect to demonstrating that a particular 
program, policy, practice, or activity does not cause a dis-
parate impact, the covered agency shall demonstrate that 
each particular challenged program, policy, practice, or ac-
tivity does not cause a disparate impact, except that if 
the covered agency demonstrates to the courts that the 
elements of the covered agency’s decision-making process 
are not capable of separation for analysis, the decision- 
making process may be analyzed as 1 program, policy, 
practice, or activity. 
‘‘(2) A demonstration that a program, policy, prac-
tice, or activity is necessary to achieve the goals of a pro-
gram, policy, practice, or activity may not be used as a 
defense against a claim of intentional discrimination under 
this title. 
‘‘(c) No person in the United States shall be sub-
jected to discrimination, including retaliation or intimida-
tion, because such person opposed any program, policy, 
practice, or activity prohibited by this title, or because 
such person made a charge, testified, assisted, or partici-
pated in any manner in an investigation, proceeding, or 
hearing under this title.’’. 
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SEC. 5. RIGHT OF ACTION. 
(a) IN GENERAL.—Section 602 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure to comply 
with this title, including any regulation promulgated pur-
suant to this title, may file suit in any district court of 
the United States having jurisdiction of the parties, with-
out respect to the amount in controversy and without re-
gard to the citizenship of the parties.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section, including the 
amendments made by this section, takes effect on 
the date of enactment of this Act. 
(2) APPLICATION.—This section, including the 
amendments made by this section, applies to all ac-
tions or proceedings pending on or after the date of 
enactment of this Act. 
SEC. 6. RIGHTS OF RECOVERY. 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) is amended by inserting after section 602 
the following: 
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‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 
‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL 
DISCRIMINATION.—In an action brought by an aggrieved 
person under this title against a covered agency who has 
engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) 
prohibited under this title (including its implementing reg-
ulations), the aggrieved person may recover equitable and 
legal relief (including compensatory and punitive dam-
ages), attorney’s fees (including expert fees), and costs of 
the action, except that punitive damages are not available 
against a government, government agency, or political 
subdivision. 
‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT 
STANDARD OF PROOF.—In an action brought by an ag-
grieved person under this title against a covered agency 
who has engaged in unlawful discrimination based on dis-
parate impact prohibited under this title (including imple-
menting regulations), the aggrieved person may recover 
attorney’s fees (including expert fees), and costs of the 
action.’’. 
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SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 
PERSISTENT VIOLATIONS IN CERTAIN PER-
MITTING DECISIONS. 
(a) FEDERAL WATER POLLUTION CONTROL ACT.— 
Section 402 of the Federal Water Pollution Control Act 
(33 U.S.C. 1342) is amended— 
(1) by striking the section designation and 
heading and all that follows through ‘‘Except as’’ in 
subsection (a)(1) and inserting the following: 
‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI-
NATION SYSTEM. 
‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—Except as’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘upon condition that 
such discharge will meet either (A) all’’ 
and inserting the following: ‘‘subject to the 
conditions that— 
‘‘(A) the discharge will achieve compliance with, as 
applicable— 
‘‘(i) all’’; 
(ii) by striking ‘‘403 of this Act, or 
(B) prior’’ and inserting the following: 
‘‘403; or 
‘‘(ii) prior’’; and 
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(iii) by striking ‘‘this Act.’’ and insert-
ing the following: ‘‘this Act; and 
‘‘(B) with respect to the issuance or renewal of the 
permit— 
‘‘(i) based on an analysis by the Administrator 
of existing water quality and the potential cumu-
lative impacts (as defined in section 501 of the 
Clean Air Act (42 U.S.C. 7661)) of the discharge, 
considered in conjunction with the designated and 
actual uses of the impacted navigable water, there 
exists a reasonable certainty of no harm to the 
health of the general population, or to any poten-
tially exposed or susceptible subpopulation; or 
‘‘(ii) if the Administrator determines that, due 
to those potential cumulative impacts, there does not 
exist a reasonable certainty of no harm to the health 
of the general population, or to any potentially ex-
posed or susceptible subpopulation, the permit or re-
newal includes such terms and conditions as the Ad-
ministrator determines to be necessary to ensure a 
reasonable certainty of no harm.’’; and 
(B) in paragraph (2), by striking ‘‘assure 
compliance with the requirements of paragraph 
(1) of this subsection, including conditions on 
data and information collection, reporting, and 
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such other requirements as he deems appro-
priate.’’ and inserting the following: ‘‘ensure 
compliance with the requirements of paragraph 
(1), including— 
‘‘(A) conditions relating to— 
‘‘(i) data and information collection; 
‘‘(ii) reporting; and 
‘‘(iii) such other requirements as the Ad-
ministrator determines to be appropriate; and 
‘‘(B) additional controls or pollution prevention 
requirements.’’; and 
(3) in subsection (b)— 
(A) in each of paragraphs (1)(D), (2)(B), 
and (3) through (7), by striking the semicolon 
at the end and inserting a period; 
(B) in paragraph (8), by striking ‘‘; and’’ 
at the end and inserting a period; and 
(C) by adding at the end the following: 
‘‘(10) To ensure that no permit will be issued or re-
newed if, with respect to an application for the permit, 
the State determines, based on an analysis by the State 
of existing water quality and the potential cumulative im-
pacts (as defined in section 501 of the Clean Air Act (42 
U.S.C. 7661)) of the discharge, considered in conjunction 
with the designated and actual uses of the impacted navi-
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gable water, that the terms and conditions of the permit 
or renewal would not be sufficient to ensure a reasonable 
certainty of no harm to the health of the general popu-
lation, or to any potentially exposed or susceptible sub-
population.’’. 
(b) CLEAN AIR ACT.— 
(1) DEFINITIONS.—Section 501 of the Clean 
Air Act (42 U.S.C. 7661) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘As used in this title—’’ and insert-
ing ‘‘In this title:’’; 
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (5), and (4), respec-
tively, and moving the paragraphs so as to ap-
pear in numerical order; and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu-
lative impacts’ means any exposure to a public 
health or environmental risk, or other effect occur-
ring in a specific geographical area, including from 
an emission, discharge, or release— 
‘‘(A) including— 
‘‘(i) 
environmental 
pollution 
re-
leased— 
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‘‘(I)(aa) routinely; 
‘‘(bb) accidentally; or 
‘‘(cc) otherwise; and 
‘‘(II) from any source, whether 
single or multiple; and 
‘‘(ii) as assessed based on the com-
bined past, present, and reasonably fore-
seeable emissions and discharges affecting 
the geographical area; and 
‘‘(B) evaluated taking into account sen-
sitive populations and other factors that may 
heighten vulnerability to environmental pollu-
tion and associated health risks, including so-
cioeconomic characteristics.’’. 
(2) PERMIT PROGRAMS.—Section 502(b) of the 
Clean Air Act (42 U.S.C. 7661a(b)) is amended— 
(A) in paragraph (5)— 
(i) in subparagraphs (A) and (C), by 
striking ‘‘assure’’ each place it appears and 
inserting ‘‘ensure’’; and 
(ii) by striking subparagraph (F) and 
inserting the following: 
‘‘(F) ensure that no permit will be issued 
or renewed, as applicable, if— 
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‘‘(i) with respect to an application for 
a permit or renewal of a permit for a 
major source, the permitting authority de-
termines under paragraph (9)(A)(i)(II)(bb) 
that the terms and conditions of the per-
mit or renewal would not be sufficient to 
ensure a reasonable certainty of no harm 
to the health of the general population, or 
to any potentially exposed or susceptible 
subpopulation, of the applicable census 
block groups or Tribal census block groups 
(as those terms are defined by the Director 
of the Bureau of the Census); or 
‘‘(ii) the Administrator objects to the 
issuance of the permit in a timely manner 
under this title.’’; and 
(B) by amending paragraph (9) to read as 
follows: 
‘‘(9) MAJOR SOURCES.— 
‘‘(A) IN GENERAL.—With respect to any 
permit or renewal of a permit, as applicable, for 
a major source, a requirement that the permit-
ting authority shall— 
‘‘(i) in determining whether to issue 
or renew the permit— 
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‘‘(I) evaluate the potential cumu-
lative impacts of the major source, as 
described in the applicable cumulative 
impacts analysis submitted under sec-
tion 503(b)(3), taking into consider-
ation other pollution sources and risk 
factors within a community; 
‘‘(II) if, due to those potential 
cumulative impacts, the permitting 
authority cannot determine that there 
exists a reasonable certainty of no 
harm to the health of the general pop-
ulation, or to any potentially exposed 
or susceptible subpopulation, of any 
census block groups or Tribal census 
block groups (as those terms are de-
fined by the Director of the Bureau of 
the Census) located in, or immediately 
adjacent to, the area in which the 
major source is, or is proposed to be, 
located— 
‘‘(aa) include in the permit 
or renewal such standards and 
requirements 
(including 
addi-
tional controls or pollution pre-
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vention requirements) as the per-
mitting authority determines to 
be necessary to ensure a reason-
able certainty of no such harm; 
or 
‘‘(bb) if the permitting au-
thority determines that standards 
and requirements described in 
item (aa) would not be sufficient 
to ensure a reasonable certainty 
of no such harm, deny the 
issuance or renewal of the per-
mit; 
‘‘(III) determine whether the ap-
plicant is a persistent violator, based 
on such criteria relating to the history 
of compliance by an applicant with 
this Act as the Administrator shall es-
tablish by not later than 180 days 
after the date of enactment of the En-
vironmental Justice for All Act; 
‘‘(IV) if the permitting authority 
determines under subclause (III) that 
the applicant is a persistent violator 
and the permitting authority does not 
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deny the issuance or renewal of the 
permit 
pursuant 
to 
subclause 
(II)(bb)— 
‘‘(aa) require the applicant 
to submit a plan that describes— 
‘‘(AA) if the applicant 
is not in compliance with 
this Act, measures the appli-
cant 
will 
carry 
out 
to 
achieve that compliance, to-
gether with an approximate 
deadline for that achieve-
ment; 
‘‘(BB) 
measures 
the 
applicant will carry out, or 
has carried out to ensure the 
applicant 
will 
remain 
in 
compliance with this Act, 
and to mitigate the environ-
mental and health effects of 
noncompliance; and 
‘‘(CC) the measures the 
applicant has carried out in 
preparing the plan to con-
sult or negotiate with the 
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communities 
affected 
by 
each persistent violation ad-
dressed in the plan; and 
‘‘(bb) once such a plan is 
submitted, determine whether the 
plan is adequate to ensuring that 
the applicant— 
‘‘(AA) will achieve com-
pliance with this Act expedi-
tiously; 
‘‘(BB) will remain in 
compliance with this Act; 
‘‘(CC) will mitigate the 
environmental and health ef-
fects of noncompliance; and 
‘‘(DD) has solicited and 
responded 
to 
community 
input regarding the redemp-
tion plan; and 
‘‘(V) deny the issuance or re-
newal of the permit if the permitting 
authority determines that— 
‘‘(aa) the plan submitted 
under subclause (IV)(aa) is inad-
equate; or 
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‘‘(bb)(AA) the applicant has 
submitted a plan on a prior occa-
sion, but continues to be a per-
sistent violator; and 
‘‘(BB) no indication exists 
of 
extremely 
exigent 
cir-
cumstances excusing the per-
sistent violations; and 
‘‘(ii) in the case of such a permit with 
a term of 3 years or longer, require permit 
revisions in accordance with subparagraph 
(B). 
‘‘(B) REVISION REQUIREMENTS.— 
‘‘(i) DEADLINE.—A revision described 
in subparagraph (A)(ii) shall occur as ex-
peditiously as practicable and consistent 
with the procedures established under 
paragraph (6) but not later than 18 
months after the promulgation of such 
standards and regulations. 
‘‘(ii) EXCEPTION.—A revision under 
this paragraph shall not be required if the 
effective date of the standards or regula-
tions is a date after the expiration of the 
permit term. 
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‘‘(iii) TREATMENT
AS
RENEWAL.—A 
permit revision under this paragraph shall 
be treated as a permit renewal if it com-
plies with the requirements of this title re-
garding renewals.’’. 
(3) PERMIT APPLICATIONS.—Section 503(b) of 
the Clean Air Act (42 U.S.C. 7661b(b)) is amended 
by adding at the end the following: 
‘‘(3) MAJOR SOURCE ANALYSES.—The regulations 
required by section 502(b) shall include a requirement 
that an applicant for a permit or renewal of a permit for 
a major source shall submit, together with the compliance 
plan required under this subsection, a cumulative impacts 
analysis for each census block group or Tribal census 
block group (as those terms are defined by the Director 
of the Bureau of the Census) located in, or immediately 
adjacent to, the area in which the major source is, or is 
proposed to be, located that analyzes— 
‘‘(A) community demographics and locations of 
community exposure points, such as schools, day 
care centers, nursing homes, hospitals, health clinics, 
places of religious worship, parks, playgrounds, and 
community centers; 
‘‘(B) air quality and the potential effect on that 
air quality of emissions of air pollutants (including 
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pollutants listed under section 108 or 112) from the 
major source, including in combination with existing 
sources of pollutants; 
‘‘(C) the potential effects on soil quality and 
water quality of emissions of lead and other air pol-
lutants that could contaminate soil or water from 
the major source, including in combination with ex-
isting sources of pollutants; and 
‘‘(D) public health and any potential effects on 
public health from the major source.’’. 
SEC. 8. INTERAGENCY WORKING GROUP ON ENVIRON-
MENTAL 
JUSTICE 
COMPLIANCE 
AND 
EN-
FORCEMENT. 
(a) ESTABLISHMENT.—Not later than 30 days after 
the date of enactment of this Act, the President shall es-
tablish a working group, to be known as the Interagency 
Working Group on Environmental Justice Compliance and 
Enforcement. 
(b) PURPOSES.—The purposes of the Working Group 
are— 
(1) to improve coordination and collaboration 
among Federal agencies and to help advise and as-
sist Federal agencies in identifying and addressing, 
as appropriate, the disproportionate human health 
and environmental effects of Federal programs, poli-
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cies, practices, and activities on communities of 
color, low-income communities, and Tribal and in-
digenous communities; 
(2) to promote meaningful involvement and due 
process in the development, implementation, and en-
forcement of environmental laws; 
(3) to coordinate with, and provide direct guid-
ance and technical assistance to, environmental jus-
tice communities, with a focus on increasing commu-
nity understanding of the science, regulations, and 
policy related to Federal agency actions on environ-
mental justice issues; and 
(4) to address environmental health, pollution, 
and public health burdens in environmental justice 
communities, and build healthy, sustainable, and re-
silient communities. 
(c) COMPOSITION.—The Working Group shall be 
composed of members as follows (or their designee): 
(1) The Secretary of Agriculture. 
(2) The Secretary of Commerce. 
(3) The Secretary of Defense. 
(4) The Secretary of Education. 
(5) The Secretary of Energy. 
(6) The Secretary of Health and Human Serv-
ices. 
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(7) The Secretary of Homeland Security. 
(8) The Secretary of Housing and Urban Devel-
opment. 
(9) The Secretary of the Interior. 
(10) The Attorney General. 
(11) The Secretary of Labor. 
(12) The Secretary of Transportation. 
(13) The Administrator of the Environmental 
Protection Agency. 
(14) The Director of the Office of Management 
and Budget. 
(15) The Director of the Office of Science and 
Technology Policy. 
(16) The Deputy Assistant to the President for 
Environmental Policy. 
(17) The Assistant to the President for Domes-
tic Policy. 
(18) The Director of the National Economic 
Council. 
(19) The Chairperson of the Council on Envi-
ronmental Quality. 
(20) The Chairperson of the Council of Eco-
nomic Advisers. 
(21) The Director of the National Institutes of 
Health. 
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(22) The Director of the Office of Environ-
mental Justice. 
(23) The Chairperson of the Consumer Product 
Safety Commission. 
(24) The Chairperson of the Chemical Safety 
Board. 
(25) The Director of the National Park Service. 
(26) The Assistant Secretary of the Bureau of 
Indian Affairs. 
(27) The Chairperson of the National Environ-
mental Justice Advisory Council. 
(28) The head of any other agency that the 
President may designate. 
(d) GOVERNANCE.—The Chairperson of the Council 
on Environmental Quality shall serve as Chairperson of 
the Working Group. 
(e) REPORT TO PRESIDENT.—The Working Group 
shall report to the President through the Chairperson of 
the Council on Environmental Quality. 
(f) UNIFORM CONSIDERATION GUIDANCE.— 
(1) IN GENERAL.—To ensure that there is a 
common level of understanding of terminology used 
in dealing with environmental justice issues, not 
later than 1 year after the date of enactment of this 
Act, after coordinating with and conducting outreach 
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to environmental justice communities, State govern-
ments, Tribal Governments, and local governments, 
the Working Group shall develop and publish in the 
Federal Register a guidance document to assist Fed-
eral agencies in defining and applying the following 
terms: 
(A) Health disparities. 
(B) Environmental exposure disparities. 
(C) Demographic characteristics, including 
age, sex, and race or ethnicity. 
(D) Social stressors, including poverty, 
housing quality, access to health care, edu-
cation, immigration status, linguistic isolation, 
historical trauma, and lack of community re-
sources. 
(E) Cumulative impacts or risks. 
(F) Community vulnerability or suscepti-
bility to adverse human health and environ-
mental effects (including climate change). 
(G) Barriers to meaningful involvement in 
the development, implementation, and enforce-
ment of environmental laws. 
(H) Community capacity to address envi-
ronmental concerns, including the capacity to 
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obtain equitable access to environmental amen-
ities. 
(2) PUBLIC COMMENT.—For a period of not 
less than 30 days, the Working Group shall seek 
public comment on the guidance document developed 
under paragraph (1). 
(3) DOCUMENTATION.—Not later than 90 days 
after the date of publication of the guidance docu-
ment under paragraph (1), the head of each Federal 
agency participating in the Working Group shall 
document the ways in which the Federal agency will 
incorporate guidance from the document into the en-
vironmental justice strategy of the Federal agency 
developed and finalized under section 9(b). 
(g) DEVELOPMENT OF INTERAGENCY FEDERAL EN-
VIRONMENTAL JUSTICE STRATEGY.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, after notice and 
opportunity for public comment, the Working Group 
shall develop and issue a coordinated interagency 
Federal environmental justice strategy. 
(2) CONSIDERATION.—In carrying out para-
graph (1), the Working Group shall consider each 
environmental justice strategy developed and final-
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ized by each Federal agency that participates in the 
Working Group under section 9(b). 
(h) REPORT TO PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date described in subsection (g)(1), the 
Working Group shall submit to the President a re-
port that contains— 
(A) a description of the implementation of 
the interagency Federal environmental justice 
strategy; and 
(B) a copy of the finalized environmental 
justice strategy of each Federal agency that 
participates in the Working Group that is devel-
oped and finalized under section 9(b). 
(2) PUBLIC AVAILABILITY.—The head of each 
Federal agency that participates in the Working 
Group shall make the report described in paragraph 
(1) available to the public (including by posting a 
copy of the report on the website of each Federal 
agency). 
SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBIL-
ITIES. 
(a) CONDUCT OF PROGRAMS.—Each Federal agency 
that participates in the Working Group shall conduct each 
program, policy, practice, and activity of the Federal agen-
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cy that adversely affects, or has the potential to adversely 
affect, human health or the environment in a manner that 
ensures that each such program, policy, practice, or activ-
ity does not have an effect of excluding any individual 
from participating in, denying any individual the benefits 
of, or subjecting any individual to discrimination or dis-
parate impact under, such program, policy, practice, or ac-
tivity of the Federal agency because of the race, color, na-
tional origin, or income level of the individual. 
(b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE 
STRATEGIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and after notice 
and opportunity for public comment, each Federal 
agency that participates in the Working Group shall 
develop and finalize an agencywide environmental 
justice strategy that— 
(A) identifies staff to support implementa-
tion of the Federal agency’s environmental jus-
tice strategy; 
(B) identifies and addresses any dispropor-
tionately high or adverse human health or envi-
ronmental effects of its programs, policies, 
practices, and activities on— 
(i) communities of color; 
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(ii) low-income communities; and 
(iii) Tribal and indigenous commu-
nities; and 
(C) complies with each requirement de-
scribed in paragraph (2). 
(2) CONTENTS.—Each environmental justice 
strategy developed by a Federal agency under para-
graph (1) shall contain— 
(A) an assessment that identifies each pro-
gram, policy, practice, and activity (including 
any public participation process) of the Federal 
agency, relating to human health or the envi-
ronment that the Federal agency determines 
should be revised— 
(i) to ensure that all persons have the 
same degree of protection from environ-
mental and health hazards; 
(ii) to ensure meaningful public in-
volvement and due process in the develop-
ment, implementation, and enforcement of 
all Federal laws; 
(iii) to improve direct guidance and 
technical assistance to environmental jus-
tice communities with respect to the under-
standing of the science, regulations, and 
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policy related to Federal agency action on 
environmental justice issues; 
(iv) to improve cooperation with State 
governments, Tribal Governments, and 
local governments to address pollution and 
public health burdens in environmental jus-
tice communities, and build healthy, sus-
tainable, and resilient communities; 
(v) to improve Federal research and 
data collection efforts related to— 
(I) the health and environment of 
communities of color, low-income com-
munities, and Tribal and indigenous 
communities; 
(II) climate change; and 
(III) the inequitable distribution 
of burdens and benefits of the man-
agement and use of natural resources, 
including water, minerals, or land; 
and 
(vi) to reduce or eliminate dispropor-
tionately adverse human health or environ-
mental effects on communities of color, 
low-income communities, and Tribal and 
indigenous communities; and 
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(B) a timetable for the completion of— 
(i) each revision identified under sub-
paragraph (A); and 
(ii) an assessment of the economic 
and social implications of each revision 
identified under subparagraph (A). 
(3) REPORTS.— 
(A) ANNUAL REPORTS.—Not later than 2 
years after the finalization of an environmental 
justice strategy under this subsection, and an-
nually thereafter, a Federal agency that partici-
pates in the Working Group shall submit to the 
Working Group a report describing the progress 
of the Federal agency in implementing the envi-
ronmental justice strategy of the Federal agen-
cy. 
(B) PERIODIC
REPORTS.—In addition to 
the annual reports described in subparagraph 
(A), upon receipt of a request from the Work-
ing Group, a Federal agency shall submit to the 
Working Group a report that contains such in-
formation as the Working Group may require. 
(4) REVISION
OF
AGENCYWIDE
ENVIRON-
MENTAL
JUSTICE
STRATEGY.—Not later than 5 
years after the date of enactment of this Act, each 
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Federal agency that participates in the Working 
Group shall— 
(A) evaluate and revise the environmental 
justice strategy of the Federal agency; and 
(B) submit to the Working Group a copy 
of the revised version of the environmental jus-
tice strategy of the Federal agency. 
(5) PETITION.— 
(A) IN GENERAL.—The head of a Federal 
agency may submit to the President a petition 
for an exemption of any requirement described 
in this section with respect to any program or 
activity of the Federal agency if the head of the 
Federal agency determines that complying with 
such requirement would compromise the agen-
cy’s ability to carry out its core missions. 
(B) AVAILABILITY TO PUBLIC.—Each peti-
tion submitted by a Federal agency to the 
President under subparagraph (A) shall be 
made available to the public (including through 
a description of the petition on the website of 
the Federal agency). 
(C) 
CONSIDERATION.—In 
determining 
whether to grant a petition for an exemption 
submitted by a Federal agency to the President 
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under subparagraph (A), the President shall 
make a decision that reflects both the merits of 
the specific case and the broader national inter-
est in breaking cycles of environmental injus-
tice, and shall consider whether the granting of 
the petition would likely— 
(i) result in disproportionately adverse 
human health or environmental effects on 
communities of color, low-income commu-
nities, and Tribal and indigenous commu-
nities; or 
(ii) exacerbate, or fail to ameliorate, 
any 
disproportionately 
adverse 
human 
health or environmental effect on any com-
munity of color, low-income community, or 
Tribal and indigenous community. 
(D) APPEAL.— 
(i) IN GENERAL.—Not later than 90 
days after the date on which the President 
approves a petition under this paragraph, 
an individual may appeal the decision of 
the President to approve the petition. 
(ii) WRITTEN APPEAL.— 
(I) IN
GENERAL.—To appeal a 
decision of the President under sub-
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paragraph (A), an individual shall 
submit a written appeal to— 
(aa) the Council on Environ-
mental Quality; 
(bb) the Deputy Assistant to 
the President for Environmental 
Policy; or 
(cc) the Assistant to the 
President for Domestic Policy. 
(II) CONTENTS.—A written ap-
peal shall contain a description of 
each reason why the exemption that is 
the subject of the petition is unneces-
sary. 
(iii) REQUIREMENT OF PRESIDENT.— 
Not later than 90 days after the date on 
which an official described in clause (ii)(I) 
receives a written appeal submitted by an 
individual under that clause, the President 
shall provide to the individual a written no-
tification describing the decision of the 
President with respect to the appeal. 
(c) HUMAN HEALTH
AND ENVIRONMENTAL RE-
SEARCH, DATA COLLECTION, AND ANALYSIS.— 
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(1) RESEARCH.—Each Federal agency, to the 
maximum extent practicable and permitted by appli-
cable law, shall— 
(A) in conducting environmental, public ac-
cess, or human health research, include diverse 
segments of the population in epidemiological 
and clinical studies, including segments at high 
risk from environmental hazards such as com-
munities of color, low-income communities, and 
Tribal and indigenous communities; 
(B) in conducting environmental or human 
health analyses, identify multiple and cumu-
lative exposures, including potentially exacer-
bated risks due to current and future climate 
impacts; and 
(C) actively encourage and solicit commu-
nity-based science, and provide to communities 
of color, low-income communities, and Tribal 
and indigenous communities the opportunity to 
comment on and participate in the development 
and design of research strategies carried out 
pursuant to this Act. 
(2) DISPROPORTIONATE IMPACT.—To the max-
imum extent practicable and permitted by applicable 
law (including section 552a of title 5, United States 
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Code (commonly known as the ‘‘Privacy Act’’)), each 
Federal agency shall— 
(A) collect, maintain, and analyze informa-
tion assessing and comparing environmental 
and human health risks borne by populations 
identified by race, national origin, income, or 
other readily available and appropriate informa-
tion; and 
(B) use that information to determine 
whether the programs, policies, and activities of 
the Federal agency have disproportionally ad-
verse human health or environmental effects on 
communities of color, low-income communities, 
and Tribal and indigenous communities. 
(3) INFORMATION RELATING TO NON-FEDERAL 
FACILITIES.—In connection with the implementation 
of Federal agency environmental justice strategies 
under subsection (b), each Federal agency, to the 
maximum extent practicable and permitted by appli-
cable law, shall collect, maintain, and analyze infor-
mation relating to the race, national origin, and in-
come level, and other readily accessible and appro-
priate information, for communities of color, low-in-
come communities, and Tribal and indigenous com-
munities in proximity to any facility or site expected 
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to have a substantial environmental, human health, 
or economic effect on the surrounding populations, if 
the facility or site becomes the subject of a substan-
tial Federal environmental administrative or judicial 
action. 
(4) IMPACT FROM FEDERAL FACILITIES.—Each 
Federal agency, to the maximum extent practicable 
and permitted by applicable law, shall collect, main-
tain, and analyze information relating to the race, 
national origin, and income level, and other readily 
accessible and appropriate information, for commu-
nities of color, low-income communities, and Tribal 
and indigenous communities in proximity to any fa-
cility of the Federal agency that is— 
(A) subject to the reporting requirements 
under the Emergency Planning and Community 
Right-to-Know Act of 1986 (42 U.S.C. 11001 
et seq.), as required by Executive Order 12856 
(42 U.S.C. 4321 note); and 
(B) expected to have a substantial environ-
mental, human health, or economic effect on 
surrounding populations. 
(d) CONSUMPTION OF FISH AND WILDLIFE.— 
(1) IN GENERAL.—Each Federal agency shall 
develop, publish (unless prohibited by law), and re-
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vise, as practicable and appropriate, guidance on ac-
tions of the Federal agency that will impact fish and 
wildlife consumed by populations that principally 
rely on fish or wildlife for subsistence. 
(2) REQUIREMENT.—The guidance described in 
paragraph (1) shall— 
(A) reflect the latest scientific information 
available concerning methods for evaluating the 
human health risks associated with the con-
sumption of pollutant-bearing fish or wildlife; 
and 
(B) publish the risks of such consumption 
patterns. 
(e) MAPPING AND SCREENING TOOL.—The Adminis-
trator shall make available to the public an environmental 
justice mapping and screening tool (such as EJScreen or 
an equivalent tool) that includes, at a minimum, the fol-
lowing features: 
(1) Nationally consistent data. 
(2) Environmental data. 
(3) Demographic data, including data relating 
to race, ethnicity, and income. 
(4) Capacity to produce maps and reports by 
geographical area. 
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(5) Data on national parks and other federally 
protected natural, historic, and cultural sites. 
(f) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 
Any person may commence a civil action— 
(1) to seek relief from, or to compel, an agency 
action under this section (including regulations pro-
mulgated pursuant to this section); or 
(2) otherwise to ensure compliance with this 
section (including regulations promulgated pursuant 
to this section). 
(g) INFORMATION SHARING.—In carrying out this 
section, each Federal agency, to the maximum extent 
practicable and permitted by applicable law, shall share 
information and eliminate unnecessary duplication of ef-
forts through the use of existing data systems and cooper-
ative agreements among Federal agencies and with State, 
local, and Tribal governments. 
(h) CODIFICATION OF GUIDANCE.— 
(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
Sections II and III of the guidance issued by the 
Council on Environmental Quality entitled ‘‘Environ-
mental Justice Guidance Under the National Envi-
ronmental Policy Act’’ and dated December 10, 
1997, are enacted into law. 
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(2) ENVIRONMENTAL PROTECTION AGENCY.— 
The guidance issued by the Environmental Protec-
tion Agency entitled ‘‘EPA Policy on Consultation 
and Coordination with Indian Tribes: Guidance for 
Discussing Tribal Treaty Rights’’ and dated Feb-
ruary 2016 is enacted into law. 
SEC. 10. OMBUDSMEN. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish within the Environmental Protection Agency a po-
sition of Environmental Justice Ombudsman. 
(b) REPORTING.—The Environmental Justice Om-
budsman shall— 
(1) report directly to the Administrator; and 
(2) not be required to report to the Office of 
Environmental Justice of the Environmental Protec-
tion Agency. 
(c) FUNCTIONS.—The Ombudsman shall— 
(1) in coordination with the Inspector General 
of the Environmental Protection Agency, establish 
an independent, neutral, accessible, confidential, and 
standardized process— 
(A) to receive, review, and process com-
plaints and allegations with respect to environ-
mental justice programs and activities of the 
Environmental Protection Agency; and 
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(B) to assist individuals in resolving com-
plaints and allegations described in subpara-
graph (A); 
(2) identify and thereafter review, examine, and 
make recommendations to the Administrator to ad-
dress recurring and chronic complaints regarding 
specific environmental justice programs and activi-
ties of the Environmental Protection Agency identi-
fied by the Ombudsman pursuant to paragraph (1); 
(3) review the Environmental Protection Agen-
cy’s compliance with policies and standards of the 
Environmental Protection Agency with respect to its 
environmental justice programs and activities; and 
(4) produce an annual report that details the 
findings of the regional staff, feedback received from 
environmental 
justice 
communities, 
and 
rec-
ommendations to increase cooperation between the 
Environmental Protection Agency and environmental 
justice communities. 
(d) AVAILABILITY OF REPORT.—The Administrator 
shall make each report produced pursuant to subsection 
(c) available to the public (including by posting a copy of 
the report on the website of the Environmental Protection 
Agency). 
(e) REGIONAL STAFF.— 
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(1) AUTHORITY OF ENVIRONMENTAL JUSTICE 
OMBUDSMAN.—The Administrator shall allow the 
Environmental Justice Ombudsman to hire such 
staff as the Environmental Justice Ombudsman de-
termines to be necessary to carry out at each re-
gional office of the Environmental Protection Agency 
the functions of the Environmental Justice Ombuds-
man described in subsection (c). 
(2) PURPOSES.—Staff hired pursuant to para-
graph (1) shall— 
(A) foster cooperation between the Envi-
ronmental Protection Agency and environ-
mental justice communities; 
(B) consult with environmental justice 
communities on the development of policies and 
programs of the Environmental Protection 
Agency; 
(C) receive feedback from environmental 
justice communities on the performance of the 
Environmental Protection Agency; and 
(D) compile and submit to the Environ-
mental Justice Ombudsman such information 
as may be necessary for the Ombudsman to 
produce the annual report described in sub-
section (c). 
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(3) FULL-TIME
POSITION.—Each individual 
hired by the Environmental Justice Ombudsman 
under paragraph (1) shall be hired as a full-time 
employee of the Environmental Protection Agency. 
SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB-
LIC RECREATION OPPORTUNITIES. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.— 
(A) IN GENERAL.—The term ‘‘eligible enti-
ty’’ means— 
(i) a State; 
(ii) a political subdivision of a State, 
including— 
(I) a city; and 
(II) a county; 
(iii) a special purpose district, includ-
ing park districts; and 
(iv) an Indian Tribe. 
(B) POLITICAL SUBDIVISIONS AND INDIAN 
TRIBES.—A political subdivision of a State or 
an Indian Tribe shall be considered an eligible 
entity only if the political subdivision or Indian 
Tribe represents or otherwise serves a quali-
fying urban area. 
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(2) OUTDOOR RECREATION LEGACY PARTNER-
SHIP GRANT PROGRAM.—The term ‘‘Outdoor Recre-
ation Legacy Partnership Grant Program’’ means 
the program established under subsection (b). 
(3) QUALIFYING
URBAN
AREA.—The term 
‘‘qualifying urban area’’ means an area identified by 
the Census Bureau as an ‘‘urban area’’ in the most 
recent census. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) ESTABLISHMENT.—The Secretary shall establish 
an outdoor recreation legacy partnership grant program 
under which the Secretary may award grants to eligible 
entities for projects— 
(1) to acquire land and water for parks and 
other outdoor recreation purposes; 
(2) to develop new or renovate existing outdoor 
recreation facilities; and 
(3) to develop projects that provide opportuni-
ties for outdoor education and public lands vol-
unteerism. 
(c) MATCHING REQUIREMENT.— 
(1) IN GENERAL.—As a condition of receiving a 
grant under subsection (b), an eligible entity shall 
provide matching funds in the form of cash or an in- 
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kind contribution in an amount equal to not less 
than 100 percent of the amounts made available 
under the grant. 
(2) SOURCES.—The matching amounts referred 
to in paragraph (1) may include amounts made 
available from State, local, nongovernmental, or pri-
vate sources. 
(3) WAIVER.—The Secretary may waive all or 
part of the matching requirement under paragraph 
(1) if the Secretary determines that— 
(A) no reasonable means are available 
through which an applicant can meet the 
matching requirement; and 
(B) the probable benefit of such project 
outweighs the public interest in such matching 
requirement. 
(d) ELIGIBLE USES.— 
(1) IN GENERAL.—A grant recipient may use a 
grant awarded under this section— 
(A) to acquire land or water that provides 
outdoor recreation opportunities to the public; 
and 
(B) to develop or renovate outdoor rec-
reational facilities that provide outdoor recre-
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ation opportunities to the public, with priority 
given to projects that— 
(i) create or significantly enhance ac-
cess to park and recreational opportunities 
in an urban or suburban area that lacks 
access to such activities; 
(ii) engage and empower underserved 
communities and youth; 
(iii) provide opportunities for youth 
employment or job training; 
(iv) establish or expand public-private 
partnerships, with a focus on leveraging re-
sources; and 
(v) take advantage of coordination 
among various levels of government. 
(2) LIMITATIONS ON USE.—A grant recipient 
may not use grant funds for— 
(A) grant administration costs; 
(B) incidental costs related to land acquisi-
tion, including appraisal and titling; 
(C) operation and maintenance activities; 
(D) facilities that support semiprofessional 
or professional athletics; 
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(E) indoor facilities such as recreation cen-
ters or facilities that support primarily non-out-
door purposes; or 
(F) acquisition of land or interests in land 
that restrict access to specific persons. 
(e) NATIONAL PARK SERVICE REQUIREMENTS.—In 
carrying out the Outdoor Recreation Legacy Partnership 
Grant Program, the Secretary shall— 
(1) conduct an initial screening and technical 
review of applications received; and 
(2) evaluate and score all qualifying applica-
tions. 
(f) REPORTING.— 
(1) ANNUAL REPORTS.—Not later than 30 days 
after the last day of each report period, each State 
lead agency that receives a grant under this section 
shall annually submit to the Secretary performance 
and financial reports that— 
(A) summarize project activities conducted 
during the report period; and 
(B) provide the status of the project, in-
cluding of description of how the project has 
improved access to parkland, open space, or 
recreational facilities from the community per-
spective. 
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(2) FINAL REPORTS.—Not later than 90 days 
after the earlier of the date of expiration of a project 
period or the completion of a project, each State 
lead agency that receives a grant under this section 
shall submit to the Secretary a final report con-
taining such information as the Secretary may re-
quire. 
(g) REVENUE SHARING.—Section 105(a)(2) of the 
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 
1331 note) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘25 percent’’ and inserting 
‘‘20 percent’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) 5 percent to provide grants under the 
Outdoor Recreation Legacy Partnership Grant 
Program established under section 11 of the 
Environmental Justice For All Act.’’. 
SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
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(1) CRITICALLY UNDERSERVED COMMUNITY.— 
The 
term 
‘‘critically 
underserved 
community’’ 
means— 
(A) a community that can demonstrate to 
the Secretary that the community has inad-
equate, insufficient, or no park space or recre-
ation facilities, including by demonstrating— 
(i) quality concerns relating to the 
available park space or recreation facilities; 
(ii) the presence of recreational facili-
ties that do not serve the needs of the com-
munity; or 
(iii) the inequitable distribution of 
park space for high-need populations, 
based on income, age, or other measures of 
vulnerability and need; 
(B) a community in which at least 50 per-
cent of the population is not located within 
1⁄2 mile of park space; 
(C) a community that is designated as a 
qualified 
opportunity 
zone 
under 
section 
1400Z–1 of the Internal Revenue Code of 1986; 
or 
(D) any other community that the Sec-
retary determines to be appropriate. 
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(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State; 
(B) a political subdivision of a State (in-
cluding a city or a county) that represents or 
otherwise serves an urban area or a rural area; 
(C) a special purpose district (including a 
park district); 
(D) an Indian tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)) that 
represents or otherwise serves an urban area or 
a rural area; or 
(E) a metropolitan planning organization 
(as defined in section 134(b) of title 23, United 
States Code). 
(3) PROGRAM.—The term ‘‘program’’ means 
the Transit to Trails Grant Program established 
under subsection (b)(1). 
(4) RURAL
AREA.—The term ‘‘rural area’’ 
means a community that is not an urban area. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(6) TRANSPORTATION CONNECTOR.— 
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(A) IN
GENERAL.—The term ‘‘transpor-
tation connector’’ means a system that— 
(i) connects 2 zip codes or commu-
nities within a 175-mile radius of a des-
ignated service area; and 
(ii) offers rides available to the public. 
(B) INCLUSIONS.—The term ‘‘transpor-
tation connector’’ includes microtransits, bus 
lines, bus rails, light rail, rapid transits, or per-
sonal rapid transits. 
(7) URBAN
AREA.—The term ‘‘urban area’’ 
means a community that— 
(A) is densely developed; 
(B) has residential, commercial, and other 
nonresidential areas; and 
(C)(i) is an urbanized area with a popu-
lation of 50,000 or more; or 
(ii) is an urban cluster with a population 
of— 
(I) not less than 2,500; and 
(II) not more than 50,000. 
(b) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a grant program, to be known as the ‘‘Tran-
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sit to Trails Grant Program’’, under which the Sec-
retary shall award grants to eligible entities for— 
(A) projects that develop transportation 
connectors or routes in or serving, and related 
education materials for, critically underserved 
communities to increase access and mobility to 
Federal or non-Federal public land, waters, 
parkland, or monuments; or 
(B) projects that facilitate transportation 
improvements to enhance access to Federal or 
non-Federal public land and recreational oppor-
tunities in critically underserved communities. 
(2) ADMINISTRATION.— 
(A) IN GENERAL.—The Secretary shall ad-
minister the program to assist eligible entities 
in the development of transportation connectors 
or routes in or serving, and related education 
materials for, critically underserved commu-
nities and Federal or non-Federal public land, 
waters, parkland, and monuments. 
(B) JOINT PARTNERSHIPS.—The Secretary 
shall encourage joint partnership projects under 
the program, if available, among multiple agen-
cies, including school districts, nonprofit organi-
zations, metropolitan planning organizations, 
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(1) ESTABLISHMENT.—The Advisory Council 
may establish any subcommittee or workgroup to as-
sist the Advisory Council in carrying out any duty 
of the Advisory Council described in subsection (d). 
(2) REPORT.—Upon the request of the Advisory 
Council, each subcommittee or workgroup estab-
lished by the Advisory Council under paragraph (1) 
shall submit to the Advisory Council a report that 
contains— 
(A) a description of each recommendation 
of the subcommittee or workgroup; and 
(B) any advice requested by the Advisory 
Council with respect to any duty of the Advi-
sory Council. 
(d) DUTIES.—The Advisory Council shall provide 
independent advice and recommendations to the Environ-
mental Protection Agency with respect to issues relating 
to environmental justice, including advice— 
(1) to help develop, facilitate, and conduct re-
views of the direction, criteria, scope, and adequacy 
of the scientific research and demonstration projects 
of the Environmental Protection Agency relating to 
environmental justice; 
(2) to improve participation, cooperation, and 
communication with respect to such issues— 
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(A) within the Environmental Protection 
Agency; 
(B) between the Environmental Protection 
Agency and other entities; and 
(C) between, and among, the Environ-
mental Protection Agency and Federal agencies, 
State and local governments, Indian Tribes, en-
vironmental justice leaders, interest groups, and 
the public; 
(3) requested by the Administrator to help im-
prove the response of the Environmental Protection 
Agency in securing environmental justice for com-
munities of color, low-income communities, and 
Tribal and indigenous communities; and 
(4) on issues relating to— 
(A) the developmental framework of the 
Environmental Protection Agency with respect 
to the integration by the Environmental Protec-
tion Agency of socioeconomic programs into the 
strategic planning, annual planning, and man-
agement accountability of the Environmental 
Protection Agency to achieve environmental jus-
tice results throughout the Environmental Pro-
tection Agency; 
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