694 
sonal, family, and social acceptance of sexual 
orientation and gender identity affects the men-
tal health and personal safety of LGBT individ-
uals. 
(4) Laws and regulations that improve opportu-
nities to live in safe neighborhoods, with more social 
cohesion, attain higher education, sustain stable em-
ployment, and bridge class differences help foster 
the health and safety of individuals. 
(5) The global public health community has 
reached consensus through the Rio Political Declara-
tion of Social Determinants of Health that 
‘‘[c]ollaboration in coordinated and intersectoral pol-
icy actions has proven to be effective. Health in All 
Policies, together with intersectoral cooperation and 
action, is one promising approach to enhance ac-
countability in other sectors of health, as well as the 
promotion of health equity and more inclusive and 
productive societies.’’ 
SEC. 1003. HEALTH IMPACT ASSESSMENTS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Health Impact Assessment is a tool to help 
planners, health officials, decisionmakers, and the 
public make more informed decisions about the po-
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tential health effects of proposed plans, policies, pro-
grams, and projects in order to maximize health 
benefits and minimize harms. 
(2) Health Impact Assessments can be done at 
a fraction of the cost and time typically required for 
other planning and permitting reviews. 
(3) Health Impact Assessments can build com-
munity support and reduce opposition to a project or 
policy, thereby facilitating economic growth by aid-
ing the development of consensus regarding new de-
velopment proposals. 
(4) Health Impact Assessments facilitate col-
laboration across sectors. 
(b) PURPOSES.—It is the purpose of this section to— 
(1) provide more information about the poten-
tial human health effects of policy decisions and the 
distribution of those effects; 
(2) improve how health is considered in plan-
ning and decisionmaking processes; and 
(3) 
build 
stronger, 
healthier 
communities 
through the use of Health Impact Assessment. 
(c) HEALTH IMPACT ASSESSMENTS.—Part P of title 
III of the Public Health Service Act (42 U.S.C. 280g et 
seq.), as amended, is further amended by adding at the 
end the following: 
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‘‘SEC. 399V–9. HEALTH IMPACT ASSESSMENTS. 
‘‘(a) DEFINITIONS.—In this section and section 
399V–10: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) BUILT
ENVIRONMENT.—The term ‘built 
environment’ means the components of the environ-
ment, and the location of these components in a geo-
graphically defined space, that are created or modi-
fied by individuals to form the physical and social 
characteristics of a community or enhance quality of 
human life, including— 
‘‘(A) homes, schools, and places of work 
and worship; 
‘‘(B) parks, recreation areas, and green-
ways; 
‘‘(C) transportation systems; 
‘‘(D) business, industry, and agriculture; 
and 
‘‘(E) land-use plans, projects, and policies 
that impact the physical or social characteris-
tics of a community, including access to services 
and amenities. 
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‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the Centers for Disease Control and 
Prevention. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a unit of State or tribal government the 
jurisdiction of which includes individuals or popu-
lations the health of which are, or will be, affected 
by an activity or a proposed activity. 
‘‘(5) ELIGIBLE INSTITUTION.—The term ‘eligi-
ble institution’ means a public agency or private 
nonprofit institution that submits to the Secretary, 
in consultation with the Administrator, an applica-
tion for a grant authorized under such section at 
such time, in such manner, and containing such 
agreements, assurances, and information as the Sec-
retary and Administrator may require. 
‘‘(6) HEALTH IMPACT ASSESSMENT.—The term 
‘Health Impact Assessment’ means a systematic 
process that uses an array of data sources and ana-
lytic methods and considers input from stakeholders 
to determine the potential effects of a proposed pol-
icy, plan, program, or project on the health of a pop-
ulation and the distribution of those effects within 
the population. Such term includes identifying and 
recommending appropriate actions on monitoring 
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and maximizing potential benefits and minimizing 
the potential harms. 
‘‘(7) HEALTH DISPARITIES.—The term ‘health 
disparities’ are a particular type of health dif-
ferences that are closely linked with social, economic, 
and/or environmental disadvantage. Health dispari-
ties adversely affect groups of people who have sys-
tematically experienced greater obstacles to health 
based on their racial or ethnic group; religion; socio-
economic status; gender; age; mental health; cog-
nitive, sensory, or physical disability; sexual orienta-
tion or gender identity; geographic location; or other 
characterisitics historically linked to discrimination 
or exclusion. 
‘‘(8) PROPOSED ACTIVITY.—The term ‘proposed 
activity’ means a proposed policy, program, plan, or 
project currently under consideration by a local, 
State, tribal, or Federal agency or government. 
‘‘(b) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Director and in collaboration with the Admin-
istrator, shall carry out the following: 
‘‘(1) Establish a program at the National Cen-
ter for Environmental Health at the Centers for Dis-
ease Control and Prevention focused on advancing 
the field of Health Impact Assessment. In devel-
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oping and implementing the program, the Director 
of the National Center for Environmental Health 
shall consult with the Director of the National Cen-
ter for Chronic Disease Prevention and Health Pro-
motion as well as relevant offices within the Depart-
ment of Housing and Urban Development, the De-
partment of Transportation, and the Department of 
Agriculture. The program shall include— 
‘‘(A) collecting and disseminating best 
practices; 
‘‘(B) 
administering 
capacity 
building 
grants to States to support grantees in initi-
ating Health Impact Assessments, in accord-
ance with subsection (d); 
‘‘(C) providing technical assistance; 
‘‘(D) developing training tools and pro-
viding training on conducting Health Impact 
Assessment and the implementation of built en-
vironment and health indicators; 
‘‘(E) making information available, as ap-
propriate, regarding the existence of other com-
munity healthy living tools, checklists, and indi-
ces that help connect public health to other sec-
tors, and tools to help examine the effect of the 
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indoor built environment and building codes on 
population health; 
‘‘(F) conducting research and evaluations 
of Health Impact Assessments; and 
‘‘(G) awarding competitive extramural re-
search grants. 
‘‘(2) In accordance with subsection (c), develop 
guidance and guidelines to conduct Health Impact 
Assessments. 
‘‘(3) In accordance with subsection (d), estab-
lish a grant program to allow States to fund eligible 
entities to conduct Health Impact Assessments. 
‘‘(c) GUIDANCE.—The Director, in consultation with 
the Director of the National Center for Environmental 
Health and, the Director of the National Center for 
Chronic Disease Prevention and Health Promotion, and 
relevant offices within the Department of Housing and 
Urban Development, the Department of Transportation, 
and the Department of Agriculture, shall— 
‘‘(1) develop guidance for conducting Health 
Impact Assessment, including— 
‘‘(A) background on national and inter-
national efforts to bridge urban planning and 
public health institutions and disciplines, in-
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cluding a review of Health Impact Assessment 
best practices internationally; 
‘‘(B) evidence-based direct and indirect 
pathways that link land-use planning, transpor-
tation, and housing policy and objectives to 
human health outcomes; 
‘‘(C) data resources and quantitative and 
qualitative forecasting methods to evaluate both 
the status of health determinants and health ef-
fects, including identification of existing pro-
grams that can disseminate these resources; 
‘‘(D) best practices for inclusive public in-
volvement in conducting Health Impact Assess-
ments; and 
‘‘(E) technical assistance for other agen-
cies seeking to develop their own guidelines and 
procedures for Health Impact Assessment; 
‘‘(2) in developing the guidance, consider avail-
able international Health Impact Assessment guid-
ance, North American Health Impact Assessment 
Practice Standards, and recommendations from the 
National Academy of Science; and 
‘‘(3) not later than 1 year after the date of en-
actment of this section, publish the guidance. 
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‘‘(d) GRANT
PROGRAM.—The Secretary, acting 
through the Director and in collaboration with the Admin-
istrator, shall establish a program under which the Sec-
retary shall award grants to States to fund eligible entities 
for capacity building or to prepare Health Impact Assess-
ments, and shall ensure that States receiving a grant 
under this subsection further support training and tech-
nical assistance for grantees under the program by fund-
ing and overseeing appropriate local, State, tribal, Fed-
eral, university, or nonprofit Health Impact Assessment 
experts to provide technical assistance. Such assessments 
shall— 
‘‘(1) ensure that appropriate health factors are 
taken into consideration as early as practicable dur-
ing the planning, review, or decisionmaking proc-
esses; 
‘‘(2) assess the effect on the health of individ-
uals and populations of proposed policies, projects, 
or plans that result in modifications to the built en-
vironment; and 
‘‘(3) assess the distribution of health effects 
across various factors, such as race, income, eth-
nicity, age, disability status, gender, and geography. 
‘‘(e) APPLICATIONS.— 
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‘‘(1) IN GENERAL.—To be eligible to receive a 
grant under this section, an eligible entity shall sub-
mit to the Secretary an application in accordance 
with this subsection, at such time, in such manner, 
and containing such additional information as the 
Secretary may require. 
‘‘(2) INCLUSION.—An application under this 
subsection shall include a list of proposed activities 
that require or would benefit from conducting a 
Health Impact Assessment within six months of 
awarding funds. The list should be accompanied by 
supporting documentation, including letters of sup-
port, from potential conductors of Health Impact 
Assessments for the listed proposed activities. Each 
application should also include an assessment by the 
eligible entity of the health of the population of its 
jurisdiction and describe potential adverse or positive 
effects on health that the proposed activities may 
create. 
‘‘(3) PREFERENCE.—Preference in awarding 
funds under this section may be given to eligible en-
tities that demonstrate the potential to significantly 
improve population health or lower health care costs 
as a result of potential Health Impact Assessment 
work. 
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‘‘(f) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity shall use 
amounts provided under a grant under this section 
to conduct Health Impact Assessment capacity 
building or to conduct or fund subgrantees to con-
duct a Health Impact Assessment for a proposed ac-
tivity in accordance with this subsection. 
‘‘(2) PURPOSES.—The purposes of a Health 
Impact Assessment under this subsection are— 
‘‘(A) to facilitate the involvement of tribal, 
State, and local public health officials in com-
munity planning, transportation, housing, and 
land use decisions and other decisions affecting 
the built environment to identify any potential 
health concern or health benefit relating to an 
activity or proposed activity; 
‘‘(B) to provide for an investigation of any 
health-related issue of concern raised in a plan-
ning process, an environmental impact assess-
ment process, or policy appraisal relating to a 
proposed activity; 
‘‘(C) to describe and compare alternatives 
(including no-action alternatives) to a proposed 
activity to provide clarification with respect to 
the potential health outcomes associated with 
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the proposed activity and, where appropriate, to 
the related benefit-cost or cost-effectiveness of 
the proposed activity and alternatives; 
‘‘(D) to contribute, when applicable, to the 
findings of a planning process, policy appraisal, 
or an environmental impact statement with re-
spect to the terms and conditions of imple-
menting a proposed activity or related mitiga-
tion recommendations, as necessary; 
‘‘(E) to ensure that the disproportionate 
distribution of negative impacts among vulner-
able populations is minimized as much as pos-
sible; 
‘‘(F) to engage affected community mem-
bers and ensure adequate opportunity for public 
comment on all stages of the Health Impact As-
sessment; and 
‘‘(G) where appropriate, to consult with 
local and county health departments and appro-
priate organizations, including planning, trans-
portation, and housing organizations and pro-
viding them with information and tools regard-
ing how to conduct and integrate Health Im-
pact Assessment into their work. 
‘‘(3) ELIGIBLE ACTIVITIES.— 
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‘‘(A) IN GENERAL.—Eligible entities fund-
ed under this subsection shall conduct an eval-
uation of any proposed activity to determine 
whether it will have a significant adverse or 
positive effect on the health of the affected pop-
ulation in the jurisdiction of the eligible entity, 
based on the criteria described in subparagraph 
(B). 
‘‘(B) CRITERIA.—The criteria described in 
this subparagraph include, as applicable to the 
proposed activity, the following: 
‘‘(i) Any substantial adverse effect or 
significant health benefit on health out-
comes or factors known to influence health, 
including the following: 
‘‘(I) Physical activity. 
‘‘(II) Injury. 
‘‘(III) Mental health. 
‘‘(IV) Accessibility to health-pro-
moting goods and services. 
‘‘(V) Respiratory health. 
‘‘(VI) Chronic disease. 
‘‘(VII) Nutrition. 
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‘‘(VIII) Land use changes that 
promote 
local, 
sustainable 
food 
sources. 
‘‘(IX) Infectious disease. 
‘‘(X) Health disparities. 
‘‘(XI) 
Existing 
air 
quality, 
ground or surface water quality or 
quantity, or noise levels; and 
‘‘(ii) Other factors that may be con-
sidered, including— 
‘‘(I) the potential for a proposed 
activity to result in systems failure 
that leads to a public health emer-
gency; 
‘‘(II) the probability that the pro-
posed activity will result in a signifi-
cant increase in tourism, economic de-
velopment, or employment in the ju-
risdiction of the eligible entity; 
‘‘(III) any other significant po-
tential hazard or enhancement to 
human health, as determined by the 
eligible entity; or 
‘‘(IV) whether the evaluation of a 
proposed activity would duplicate an-
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other analysis or study being under-
taken in conjunction with the pro-
posed activity. 
‘‘(C) FACTORS FOR CONSIDERATION.—In 
evaluating a proposed activity under subpara-
graph (A), an eligible entity may take into con-
sideration any reasonable, direct, indirect, or 
cumulative effect that can be clearly related to 
potential health effects and that is related to 
the proposed activity, including the effect of 
any action that is— 
‘‘(i) included in the long-range plan 
relating to the proposed activity; 
‘‘(ii) likely to be carried out in coordi-
nation with the proposed activity; 
‘‘(iii) dependent on the occurrence of 
the proposed activity; or 
‘‘(iv) likely to have a disproportionate 
impact on high-risk or vulnerable popu-
lations. 
‘‘(4) REQUIREMENTS.—A Health Impact As-
sessment prepared with funds awarded under this 
subsection shall incorporate the following, after con-
ducting the screening phase (identifying projects or 
policies for which a Health Impact Assessment 
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would be valuable and feasible) through the applica-
tion process: 
‘‘(A) SCOPING.—Identifying which health 
effects to consider and the research methods to 
be utilized. 
‘‘(B) ASSESSING RISKS AND BENEFITS.— 
Assessing the baseline health status and factors 
known to influence the health status in the af-
fected community, which may include aggre-
gating and synthesizing existing health assess-
ment evidence and data from the community. 
‘‘(C) DEVELOPING RECOMMENDATIONS.— 
Suggesting changes to proposals to promote 
positive or mitigate adverse health effects. 
‘‘(D) REPORTING.—Synthesizing the as-
sessment and recommendations and commu-
nicating the results to decisionmakers. 
‘‘(E) MONITORING
AND
EVALUATING.— 
Tracking the decision and implementation effect 
on health determinants and health status. 
‘‘(5) PLAN.—An eligible entity that is awarded 
a grant under this section shall develop and imple-
ment a plan, to be approved by the Director, for 
meaningful and inclusive stakeholder involvement in 
all phases of the Health Impact Assessment. Stake-
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holders may include community-based organizations, 
youth-serving organizations, planners, public health 
experts, State and local public health departments 
and officials, health care experts or officials, housing 
experts or officials, and transportation experts or of-
ficials. 
‘‘(6) SUBMISSION
OF
FINDINGS.—An eligible 
entity that is awarded a grant under this section 
shall submit the findings of any funded Health Im-
pact Assessment activities to the Secretary and 
make these findings publicly available. 
‘‘(7) ASSESSMENT OF IMPACTS.—An eligible en-
tity that is awarded a grant under this section shall 
ensure the assessment of the distribution of health 
impacts (related to the proposed activity) across 
race, ethnicity, income, age, gender, disability status, 
and geography. 
‘‘(8) CONDUCT OF ASSESSMENT.—To the great-
est extent feasible, a Health Impact Assessment 
shall be conducted under this section in a manner 
that respects the needs and timing of the decision-
making process it evaluates. 
‘‘(9) METHODOLOGY.—In preparing a Health 
Impact Assessment under this subsection, an eligible 
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entity or partner shall follow the guidance published 
under subsection (c). 
‘‘(g) HEALTH IMPACT ASSESSMENT DATABASE.— 
The Secretary, acting through the Director and in collabo-
ration with the Administrator, shall establish, maintain, 
and make publicly available a Health Impact Assessment 
database, including— 
‘‘(1) a catalog of Health Impact Assessments 
received under this section; 
‘‘(2) an inventory of tools used by eligible enti-
ties to conduct Health Impact Assessments; and 
‘‘(3) guidance for eligible entities with respect 
to the selection of appropriate tools described in 
paragraph (2). 
‘‘(h) EVALUATION OF GRANTEE ACTIVITIES.—The 
Secretary shall award competitive grants to Prevention 
Research Centers, or nonprofit organizations or academic 
institutions with expertise in Health Impact Assessments 
to— 
‘‘(1) assist grantees with the provision of train-
ing and technical assistance in the conducting of 
Health Impact Assessments; 
‘‘(2) evaluate the activities carried out with 
grants under subsection (d); and 
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‘‘(3) assist the Secretary in disseminating evi-
dence, best practices, and lessons learned from 
grantees. 
‘‘(i) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this section, the Secretary 
shall submit to Congress a report concerning the evalua-
tion of the programs under this section, including rec-
ommendations as to how lessons learned from such pro-
grams can be incorporated into future guidance docu-
ments developed and provided by the Secretary and other 
Federal agencies, as appropriate. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
‘‘SEC. 399V–10. ADDITIONAL RESEARCH ON THE RELATION-
SHIP BETWEEN THE BUILT ENVIRONMENT 
AND HEALTH OUTCOMES. 
‘‘(a) RESEARCH GRANT PROGRAM.— 
‘‘(1) GRANTS.—The Secretary, in collaboration 
with the Administrator, shall award grants to eligi-
ble institutions to conduct and coordinate research 
on the built environment and its influence on human 
health. Factors that influence health that may be 
considered include— 
‘‘(A) levels of physical activity; 
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‘‘(B) consumption of nutritional foods; 
‘‘(C) rates of crime; 
‘‘(D) air, water, and soil quality; 
‘‘(E) risk or rate of injury; 
‘‘(F) 
accessibility 
to 
health-promoting 
goods and services; 
‘‘(G) chronic disease rates; 
‘‘(H) community design; 
‘‘(I) housing; and 
‘‘(J) other indicators as determined appro-
priate by the Secretary. 
‘‘(2) RESEARCH.—The Secretary, in consulta-
tion with the Administrator, shall support research 
under this section that— 
‘‘(A) investigates and defines links between 
the built environment and human health and 
identifies causal relationships; 
‘‘(B) examines— 
‘‘(i) the scope and intensity of the im-
pact that the built environment (including 
the various characteristics of the built en-
vironment) has on the human health; or 
‘‘(ii) the distribution of such impacts 
by— 
‘‘(I) location; and 
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‘‘(II) population subgroup; 
‘‘(C) is used to develop— 
‘‘(i) measures and indicators to ad-
dress health impacts and the connection of 
health to the built environment; 
‘‘(ii) efforts to link the measures to 
transportation, land use, and health data-
bases; and 
‘‘(iii) efforts to enhance the collection 
of built environment surveillance data; 
‘‘(D) distinguishes carefully between per-
sonal attitudes and choices and external influ-
ences on behavior to determine how much the 
association between the built environment and 
the health of residents, versus the lifestyle pref-
erences of the people that choose to live in the 
neighborhood, reflects the physical characteris-
tics of the neighborhood; and 
‘‘(E)(i) identifies or develops effective 
intervention strategies focusing on enhance-
ments to the built environment that promote in-
creased use physical activity, access to nutri-
tious foods, or other health-promoting activities 
by residents; and 
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‘‘(ii) in developing the intervention strate-
gies under clause (i), ensures that the interven-
tion strategies will reach out to high-risk or vul-
nerable populations, including low-income urban 
and rural communities and aging populations, 
in addition to the general population. 
‘‘(3) SURVEYS.—The Secretary may use funds 
appropriated under this section to support the ex-
pansion of national surveys and data tracking sys-
tems to provide more detailed information about the 
connection between the built environment and 
health. 
‘‘(4) PRIORITY.—In providing assistance under 
the grant program under this section, the Secretary 
and the Administrator shall give priority to research 
that incorporates— 
‘‘(A) interdisciplinary approaches; or 
‘‘(B) the expertise of the public health, 
physical activity, urban planning, land use, and 
transportation research communities in the 
United States and abroad. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. Not to exceed 20 per-
cent of amounts appropriated for each fiscal year under 
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this subsection may be used for the research component 
of the program under this section.’’. 
SEC. 1004. IMPLEMENTATION OF RECOMMENDATIONS BY 
ENVIRONMENTAL PROTECTION AGENCY. 
(a) INSPECTOR GENERAL RECOMMENDATIONS.—The 
Administrator of the Environmental Protection Agency 
shall, as promptly as practicable, carry out each of the 
following recommendations of the Inspector General of the 
Agency as set forth in Report No. 2006–P–00034 entitled 
‘‘EPA needs to conduct environmental justice reviews of 
its programs, policies and activities’’: 
(1) The recommendation that the Agency’s pro-
gram and regional offices identify which programs, 
policies, and activities need environmental justice re-
views and require these offices to establish a plan to 
complete the necessary reviews. 
(2) The recommendation that the Administrator 
of the Agency ensure that these reviews determine 
whether the programs, policies, and activities may 
have a disproportionately high and adverse health or 
environmental impact on minority and low-income 
populations. 
(3) The recommendation that each program 
and regional office develop specific environmental 
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justice review guidance for conducting environmental 
justice reviews. 
(4) The recommendation that the Administrator 
designate a responsible office to compile results of 
environmental justice reviews and recommend appro-
priate actions. 
(b) GAO RECOMMENDATIONS.—In developing rules 
under laws administered by the Environmental Protection 
Agency, the Administrator of the Agency shall, as prompt-
ly as practicable, carry out each of the following rec-
ommendations of the Comptroller General of the United 
States as set forth in GAO Report numbered GAO–05– 
289 entitled ‘‘EPA Should Devote More Attention to En-
vironmental Justice when Developing Clean Air Rules’’: 
(1) The recommendation that the Administrator 
ensure that workgroups involved in developing a rule 
devote attention to environmental justice while draft-
ing and finalizing the rule. 
(2) The recommendation that the Administrator 
enhance the ability of such workgroups to identify 
potential environmental justice issues through such 
steps as providing workgroup members with guid-
ance and training to help them identify potential en-
vironmental justice problems and involving environ-
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mental justice coordinators in the workgroups when 
appropriate. 
(3) The recommendation that the Administrator 
improve assessments of potential environmental jus-
tice impacts in economic reviews by identifying the 
data and developing the modeling techniques needed 
to assess such impacts. 
(4) The recommendation that the Administrator 
direct appropriate Agency officers and employees to 
respond fully when feasible to public comments on 
environmental justice, including improving the Agen-
cy’s explanation of the basis for its conclusions, to-
gether with supporting data. 
(c) 2004 INSPECTOR GENERAL REPORT.—The Ad-
ministrator of the Environmental Protection Agency shall, 
as promptly as practicable, carry out each of the following 
recommendations of the Inspector General of the Agency 
as set forth in the report entitled ‘‘EPA Needs to Consist-
ently Implement the Intent of the Executive Order on En-
vironmental Justice’’ (Report No. 2004–P–00007): 
(1) The recommendation that the Agency clear-
ly define the mission of the Office of Environmental 
Justice (OEJ) and provide Agency staff with an un-
derstanding of the roles and responsibilities of the 
Office. 
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(2) The recommendation that the Agency estab-
lish (through issuing guidance or a policy statement 
from the Administrator) specific timeframes for the 
development of definitions, goals, and measurements 
regarding environmental justice and provide the re-
gions and program offices a standard and consistent 
definition for a minority and low-income community, 
with instructions on how the Agency will implement 
and put into operation environmental justice in the 
Agency’s daily activities. 
(3) The recommendation that the Agency en-
sure the comprehensive training program currently 
under development includes standard and consistent 
definitions of the key environmental justice concepts 
(such as ‘‘low-income’’, ‘‘minority’’, and ‘‘dispropor-
tionately impacted’’) and instructions for implemen-
tation of those concepts. 
The Administrator shall submit an initial report to Con-
gress within 6 months after the enactment of this Act re-
garding the Administrator’s strategy for implementing the 
recommendations referred to in paragraphs (1), (2), and 
(3). Thereafter, the Administrator shall provide semi-
annual reports to Congress regarding the Administrator’s 
progress in implementing such recommendations and 
modifying the Administrator’s emergency management 
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procedures to incorporate environmental justice in the 
Agency’s Incident Command Structure (in accordance 
with the December 18, 2006, letter from the Deputy Ad-
ministrator to the Acting Inspector General of the Agen-
cy). 
(d) FEDERAL ACTION PLAN
FOR SAVING LIVES, 
PROTECTING
PEOPLE
AND
THEIR
FAMILIES
FROM 
RADON.— 
(1) IN GENERAL.—Because radon is a naturally 
occurring radioactive gas that is recognized as the 
leading cause of lung cancer among nonsmokers and 
is a particular environmental threat for low-income 
and minority individuals because of the lack of infor-
mation about radon levels in their own homes, the 
Administrator of the Environmental Protection 
Agency shall within 6 months after the date of the 
enactment of this Act, implement the action plan en-
titled ‘‘Protecting People and Families from Radon: 
A Federal Action Plan for Saving Lives’’ (June 20, 
2011), working with the Secretary of Health and 
Human Services acting through the Director of the 
Centers for Disease Control and Prevention, and 
with the other Federal agencies mentioned in and as 
set forth in the action plan. 
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(2) SPECIFIC
STEPS.—In carrying out para-
graph (1), the Administrator shall take steps to 
achieve each of the following: 
(A) 
The 
recommendation 
that 
the 
workgroup comprised of the Federal agencies 
participating in the development of the action 
plan referred to in paragraph (1) implement 
specific steps within the current authority and 
activities of each Federal agency to reduce ex-
posure to radon. 
(B) 
The 
recommendation 
that 
such 
workgroup meet on the 1-year anniversary of 
the plan to assess and recognize achievements 
of the plan. 
(3) REPORT.—The Administrator shall report 
to the Congress on the 1-year assessment of the 
plan’s implementation, including the challenges re-
maining and the progress in reducing radon expo-
sure particularly to low-income and minority fami-
lies. 
SEC. 1005. GRANT PROGRAM TO CONDUCT ENVIRON-
MENTAL HEALTH IMPROVEMENT ACTIVITIES 
AND TO IMPROVE SOCIAL DETERMINANTS OF 
HEALTH. 
(a) DEFINITIONS.—In this section: 
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(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Centers for Disease Control and 
Prevention, acting in collaboration with the Adminis-
trator of the Environmental Protection Agency and 
the Director of the National Institute of Environ-
mental Health Sciences. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State or local community that— 
(A) bears a disproportionate burden of ex-
posure to environmental health hazards; 
(B) bears a disproportionate burden of ex-
posure to unhealthy living conditions, low 
standard housing conditions, low socioeconomic 
status, poor nutrition, less opportunity for edu-
cational attainment, disproportionate unemploy-
ment rates, or lower literacy levels; 
(C) has established a coalition— 
(i) with not less than 1 community- 
based organization or demonstration pro-
gram; and 
(ii) with not less than 1— 
(I) public health entity; 
(II) health care provider organi-
zation; 
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(III) academic institution, includ-
ing any minority-serving institution 
(including a Hispanic-serving institu-
tion, a historically Black college or 
university, and a tribal college or uni-
versity); or 
(IV) child-serving institution; 
(D) ensures planned activities and funding 
streams are coordinated to improve community 
health; and 
(E) submits an application in accordance 
with subsection (c). 
(b) ESTABLISHMENT.—The Director shall establish a 
grant program under which eligible entities shall receive 
grants to conduct environmental health improvement ac-
tivities and to improve social determinants of health. 
(c) APPLICATION.—To receive a grant under this sec-
tion, an eligible entity shall submit an application to the 
Director at such time, in such manner, and accompanied 
by such information as the Director may require. 
(d) COOPERATIVE AGREEMENTS.—An eligible entity 
may use a grant under this section— 
(1) to promote environmental health; 
(2) to address environmental health disparities 
among all populations, including children; and 
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(3) to address racial and ethnic disparities in 
social determinants of health. 
(e) AMOUNT OF COOPERATIVE AGREEMENT.— 
(1) IN
GENERAL.—The Director shall award 
grants to eligible entities at the 3 different funding 
levels described in this subsection. 
(2) LEVEL 1 COOPERATIVE AGREEMENTS.— 
(A) IN
GENERAL.—An eligible entity 
awarded a grant under this paragraph shall use 
the funds to identify environmental health prob-
lems and solutions by— 
(i) 
establishing 
a 
planning 
and 
prioritizing council in accordance with sub-
paragraph (B); and 
(ii) 
conducting 
an 
environmental 
health assessment in accordance with sub-
paragraph (C). 
(B) PLANNING AND PRIORITIZING COUN-
CIL.— 
(i) IN GENERAL.—A prioritizing and 
planning council established under sub-
paragraph (A)(i) (referred to in this para-
graph as a ‘‘PPC’’) shall assist the envi-
ronmental health assessment process and 
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environmental health promotion activities 
of the eligible entity. 
(ii) MEMBERSHIP.—Membership of a 
PPC shall consist of representatives from 
various organizations within public health, 
planning, development, and environmental 
services and shall include stakeholders 
from vulnerable groups such as children, 
the elderly, disabled, and minority ethnic 
groups that are often not actively involved 
in democratic or decisionmaking processes. 
(iii) DUTIES.—A PPC shall— 
(I) identify key stakeholders and 
engage and coordinate potential part-
ners in the planning process; 
(II) establish a formal advisory 
group to plan for the establishment of 
services; 
(III) conduct an in-depth review 
of the nature and extent of the need 
for an environmental health assess-
ment, including a local epidemiological 
profile, an evaluation of the service 
provider capacity of the community, 
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and a profile of any target popu-
lations; and 
(IV) define the components of 
care and form essential programmatic 
linkages with related providers in the 
community. 
(C) ENVIRONMENTAL
HEALTH
ASSESS-
MENT.— 
(i) IN GENERAL.—A PPC shall carry 
out an environmental health assessment to 
identify environmental health concerns. 
(ii) 
ASSESSMENT
PROCESS.—The 
PPC shall— 
(I) define the goals of the assess-
ment; 
(II) generate the environmental 
health issue list; 
(III) analyze issues with a sys-
tems framework; 
(IV) develop appropriate commu-
nity environmental health indicators; 
(V) 
rank 
the 
environmental 
health issues; 
(VI) set priorities for action; 
(VII) develop an action plan; 
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(VIII) implement the plan; and 
(IX) evaluate progress and plan-
ning for the future. 
(D) EVALUATION.—Each eligible entity 
that receives a grant under this paragraph shall 
evaluate, report, and disseminate program find-
ings and outcomes. 
(E) TECHNICAL ASSISTANCE.—The Direc-
tor may provide such technical and other non- 
financial assistance to eligible entities as the 
Director determines to be necessary. 
(3) LEVEL 2 COOPERATIVE AGREEMENTS.— 
(A) ELIGIBILITY.— 
(i) IN GENERAL.—The Director shall 
award grants under this paragraph to eli-
gible entities that have already— 
(I) established broad-based col-
laborative partnerships; and 
(II) completed environmental as-
sessments. 
(ii) NO LEVEL 1 REQUIREMENT.—To 
be eligible to receive a grant under this 
paragraph, an eligible entity is not re-
quired to have successfully completed a 
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(XV) health care services; and 
(XVI) injuries; 
(ii) building partnerships between 
planning, public health, and other sectors, 
including child-serving institutions, to ad-
dress how the built environment impacts 
food availability and access and physical 
activity to promote healthy behaviors and 
lifestyles and reduce overweight and obe-
sity, musculoskeletal diseases, respiratory 
conditions, dental, oral and mental health 
conditions, 
poverty, 
and 
related 
co- 
morbidities; 
(iii) establishing programs to ad-
dress— 
(I) how environmental and social 
conditions of work and living choices 
influence physical activity and dietary 
intake; or 
(II) how those conditions influ-
ence the concerns and needs of people 
who have impaired mobility and use 
assistance devices, including wheel-
chairs, lower limb prostheses, and hip, 
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knee, and other joint replacements; 
and 
(iv) convening intervention and dem-
onstration programs that examine the role 
of the social environment in connection 
with the physical and chemical environ-
ment in— 
(I) determining access to nutri-
tional food; and 
(II) improving physical activity to 
reduce overweight, obesity, and co- 
morbidities and increase quality of 
life. 
(4) LEVEL 3 COOPERATIVE AGREEMENTS.— 
(A) IN
GENERAL.—An eligible entity 
awarded a grant under this paragraph shall use 
the funds to identify and address racial and 
ethnic disparities in social determinants of 
health by creating demonstration programs that 
assess the feasibility of establishing a federally 
funded comprehensive program and describe 
key outcomes that address racial and ethnic dis-
parities in social determinants of health. 
(B) PROGRAM DESIGN.— 
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(i) EVALUATION.—No later than 1 
year after enactment of this Act, the Di-
rector shall evaluate the best practices of 
existing programs from the private, public, 
community based, and academically sup-
ported initiatives focused on reducing dis-
parities in the social determinants of 
health for racial and ethnic populations. 
(ii) 
DEMONSTRATION
PROJECTS.— 
Not later than two years after the date of 
enactment of this Act, the Director shall 
implement at least ten demonstration 
projects including at least one project for 
each major racial and ethnic minority 
group, each of which is unique to the cul-
tural and linguistic needs of each of the 
following groups: 
(I) Native Americans and Alaska 
Natives. 
(II) Asian-Americans. 
(III) African-Americans/Blacks. 
(IV) Hispanic/Latino-Americans. 
(V) Native Hawaiians and Pacific 
Islanders. 
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(iii) REPORT TO CONGRESS.—No later 
than 2 years after the implementation of 
the initial demonstration projects, the Di-
rector shall submit to Congress a report 
which includes— 
(I) a description of each dem-
onstration project and design; 
(II) an evaluation of the cost ef-
fectiveness of each project’s preven-
tion and treatment efforts; 
(III) an evaluation of the cultural 
and linguistic appropriateness of each 
project by racial and ethnic group; 
and 
(IV) an evaluation of the bene-
ficiary’s health status improvement 
under the demonstration project. 
(iv) 
ANY
OTHER
INFORMATION 
DEEMED
APPROPRIATE
BY
THE
DIREC-
TOR.—The Director shall require any other 
information deemed appropriate to be 
shared by or developed by eligible entities 
awarded a grant under this paragraph, in-
cluding the following: 
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(I) Developing models and evalu-
ating methods that improve the cul-
tural and linguistically appropriate 
services provided through the Centers 
for Disease Control and Prevention to 
target individuals impacted by health 
disparities based on their race, eth-
nicity, and gender. 
(II) Promoting the collaboration 
between primary and specialty care 
health care providers and patients, to 
ensure patients impacted by health 
disparities based on race, ethnicity, 
and gender are receiving comprehen-
sive and organized treatment and 
care. 
(III) Educating health care pro-
fessionals on the causes and effects of 
disparities in the social determinants 
of health as it relates to minority and 
racial and ethnic communities and the 
need for culturally and linguistically 
appropriate care in the prevention and 
treatment of high-impact diseases. 
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(IV) Encouraging collaboration 
among community and patient-based 
organizations which work to address 
disparities in the social determinants 
of health as it relates to high-impact 
diseases in minority and racial and 
ethnic populations. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(1) $25,000,000 for fiscal year 2015; and 
(2) such sums as may be necessary for fiscal 
years 2016 through 2018. 
SEC. 1006. ADDITIONAL RESEARCH ON THE RELATIONSHIP 
BETWEEN THE BUILT ENVIRONMENT AND 
THE HEALTH OF COMMUNITY RESIDENTS. 
(a) DEFINITION OF ELIGIBLE INSTITUTION.—In this 
section, the term ‘‘eligible institution’’ means a public or 
private nonprofit institution that submits to the Secretary 
of Health and Human Services (in this section referred 
to as the ‘‘Secretary’’) and the Administrator of the Envi-
ronmental Protection Agency (in this section referred to 
as the ‘‘Administrator’’) an application for a grant under 
the grant program authorized under subsection (b)(2) at 
such time, in such manner, and containing such agree-
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ments, assurances, and information as the Secretary and 
Administrator may require. 
(b) RESEARCH GRANT PROGRAM.— 
(1) DEFINITION OF HEALTH.—In this section, 
the term ‘‘health’’ includes— 
(A) levels of physical activity; 
(B) degree of mobility due to factors such 
as musculoskeletal diseases, arthritis, and obe-
sity; 
(C) consumption of nutritional foods; 
(D) rates of crime; 
(E) air, water, and soil quality; 
(F) risk of injury; 
(G) accessibility to health care services; 
(H) levels of educational attainment; and 
(I) other indicators as determined appro-
priate by the Secretary. 
(2) GRANTS.—The Secretary, in collaboration 
with the Administrator, shall provide grants to eligi-
ble institutions to conduct and coordinate research 
on the built environment and its influence on indi-
vidual and population-based health. 
(3) RESEARCH.—The Secretary shall support 
research that— 
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(A) investigates and defines the causal 
links between all aspects of the built environ-
ment and the health of residents; 
(B) examines— 
(i) the extent of the impact of the 
built environment (including the various 
characteristics of the built environment) on 
the health of residents; 
(ii) the variance in the health of resi-
dents by— 
(I) location (such as inner cities, 
inner suburbs, and outer suburbs); 
and 
(II) population subgroup (includ-
ing children, the elderly, the disadvan-
taged); or 
(iii) the importance of the built envi-
ronment to the total health of residents, 
which is the primary variable of interest 
from a public health perspective; 
(C) is used to develop— 
(i) measures to address health and the 
connection of health to the built environ-
ment; and 
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(ii) efforts to link the measures to 
travel and health databases; and 
(D) distinguishes carefully between per-
sonal attitudes and choices and external influ-
ences on observed behavior to determine how 
much an observed association between the built 
environment and the health of residents, versus 
the lifestyle preferences of the people that 
choose to live in the neighborhood, reflects the 
physical characteristics of the neighborhood; 
and 
(E)(i) identifies or develops effective inter-
vention strategies to promote better health 
among residents with a focus on behavioral 
interventions and enhancements of the built en-
vironment that promote increased use by resi-
dents; and 
(ii) in developing the intervention strate-
gies under clause (i), ensures that the interven-
tion strategies will reach out to high-risk popu-
lations, including racial and ethnic minorities, 
low-income urban and rural communities, and 
children. 
(4) PRIORITY.—In providing assistance under 
the grant program authorized under paragraph (2), 
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the Secretary and the Administrator shall give pri-
ority to research that incorporates— 
(A) minority-serving institutions as grant-
ees; 
(B) interdisciplinary approaches; or 
(C) the expertise of the public health, 
physical activity, nutrition and health care (in-
cluding child health), urban planning, and 
transportation research communities in the 
United States and abroad. 
SEC. 1007. ENVIRONMENT AND PUBLIC HEALTH RESTORA-
TION. 
(a) FINDINGS.— 
(1) GENERAL FINDINGS.—The Congress finds 
as follows: 
(A) As human beings, we share our envi-
ronment with a wide variety of habitats and 
ecosystems that nurture and sustain a diversity 
of species. 
(B) The abundance of natural resources in 
our environment forms the basis for our econ-
omy and has greatly contributed to human de-
velopment throughout history. 
(C) The accelerated pace of human devel-
opment over the last several hundred years has 
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significantly impacted our natural environment 
and its resources, the health and diversity of 
plant and animal wildlife, the availability of 
critical habitats, the quality of our air and our 
water, and our global climate. 
(D) The intervention of the Federal Gov-
ernment is necessary to minimize and mitigate 
human impact on the environment for the ben-
efit of public health, to maintain air quality and 
water quality, to sustain the diversity of plants 
and animals, to combat global climate change, 
and to protect the environment. 
(E) Laws and regulations in the United 
States have been created and promulgated to 
minimize and mitigate human impact on the en-
vironment for the benefit of public health, to 
maintain air quality and water quality, to sus-
tain wildlife, and to protect the environment. 
(F) Such laws include the Antiquities Act 
of 1906 (16 U.S.C. 431 et seq.) initiated by 
President Theodore Roosevelt to create the na-
tional park system, the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
the Clean Air Act (42 U.S.C. 7401 et seq.), the 
Federal Water Pollution Control Act (33 U.S.C. 
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1251 et seq.), the Comprehensive Environ-
mental Response, Compensation, and Liability 
Act of 1980 (Public Law 96–510), the Endan-
gered Species Act of 1973 (Public Law 93– 
205), and the National Forest Management Act 
of 1976 (Public Law 94–588). 
(G) Attempts to repeal or weaken key envi-
ronmental safeguards pose dangers to the pub-
lic health, air quality, water quality, wildlife, 
and the environment. 
(2) FINDINGS
ON
CHANGES
AND
PROPOSED 
CHANGES IN LAW.—The Congress finds that, since 
2001, the following changes and proposed changes 
to existing law or regulations have negatively im-
pacted or will negatively impact the environment and 
public health: 
(A) CLEAN WATER.— 
(i) On May 9, 2002, the Environ-
mental Protection Agency (EPA) and the 
Army Corps of Engineers put forth a final 
rule that reconciled regulations imple-
menting section 404 of the Federal Water 
Pollution Control Act by redefining the 
term ‘‘fill material’’ and amending the def-
inition of the term ‘‘discharge of fill mate-
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rial’’, reversing a 25-year-old regulation. 
The new rule fails to restrict the dumping 
of hardrock mining waste, construction de-
bris, and other industrial wastes into riv-
ers, streams, lakes, and wetlands. The rule 
further allows destructive mountaintop re-
moval coal mining companies to dump 
waste into streams and lakes, polluting the 
surrounding natural habitat and poisoning 
plants and animals that depend on those 
water sources. 
(ii) On February 12, 2003, the Envi-
ronmental Protection Agency published the 
rule ‘‘National Pollutant Discharge Elimi-
nation System Permit Regulation and Ef-
fluent Limitation Guidelines and Stand-
ards for Concentrated Animal Feeding Op-
erations’’, new livestock waste regulations 
that aimed to control factory farm pollu-
tion but which would severely undermine 
existing protections under the Federal 
Water Pollution Control Act. This regula-
tion allows large-scale animal factories to 
foul the Nation’s waters with animal 
waste, allows livestock owners to draft 
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their own pollution-management plans and 
avoid ground water monitoring, legalizes 
the discharge of contaminated runoff water 
rich in nitrogen, phosphorus, bacteria, and 
metals, and ensures that large factory 
farms are not held liable for the environ-
mental damage they cause. In a 2005 Fed-
eral court decision (‘‘Waterkeeper Alliance, 
et al. v. Enviromental Protection Agency’’, 
399 F.3d 486 (2nd Cir. 2005)), major 
parts of the rule were upheld, others va-
cated, and still others remanded back to 
the EPA. On November 20, 2008, the En-
vironmental Protection Agency published a 
revised final rule which undermines envi-
ronmental protection provisions by remov-
ing mandatory permitting requirements 
and allowing large animal farms to self- 
certify the absence of pollutant discharge 
activity. 
(iii) On March 19, 2003, the Environ-
mental Protection Agency published a new 
rule regarding the Total Maximum Daily 
Load program of the Federal Water Pollu-
tion Control Act that regulates the max-
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imum amount of a particular pollutant 
that can be present in a body of water and 
still meet water quality standards. The new 
rule withdrew the existing regulation put 
forth on July 13, 2000, and halted mo-
mentum in cleaning up polluted waterways 
throughout the Nation. By abandoning the 
existing rule, the Environmental Protection 
Agency is undermining the effectiveness of 
cleanup plans and is allowing States to 
avoid cleaning polluted waters entirely by 
dropping them from their cleanup lists. 
Waterways play a crucial role in the lives 
of the people of the United States and are 
critical to the livelihood of fish and wildlife. 
The result of dropping the July 2000 rule 
is that the restoration of polluted rivers, 
shorelines, and lakes will be delayed, harm-
ing more fish and wildlife and worsening 
the quality of drinking water. 
(iv) On December 2, 2008, the Envi-
ronmental Protection Agency and the 
Army Corps of Engineers jointly issued a 
guidance document in the form of a legal 
memorandum, titled ‘‘Clean Water Act Ju-
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risdiction Following the U.S. Supreme 
Court’s Decision in Rapanos v. United 
States & Carabell v. United States’’. This 
new guidance dictates enforcement actions 
under the Federal Water Pollution Control 
Act and calls for a complicated ‘‘case-by- 
case’’ analysis to determine jurisdiction for 
waterways that do not flow all year. Such 
actions endanger small streams and wet-
lands that serve as important habitats for 
aquatic life, which play a fundamental role 
in safeguarding sources of clean drinking 
water and mitigate the risks and effects of 
floods and droughts. Further, the defini-
tion provided therein for ‘‘waters of the 
United States’’ is applicable to the Federal 
Water Pollution Control Act as a whole, 
potentially affecting programs that control 
industrial pollution and sewage levels, pre-
vent oil spills, and set water quality stand-
ards for all waters in the United States 
protected under the Federal Water Pollu-
tion Control Act. 
(B) FORESTS AND LAND MANAGEMENT.— 
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(i) On December 3, 2003, the Presi-
dent signed into law the Healthy Forests 
Restoration Act of 2003 (Public Law 108– 
148; 16 U.S.C. 6501 et seq.). Although the 
law attempts to reduce the risk of cata-
strophic forest fires, it provides a boon to 
timber companies by accelerating the ag-
gressive thinning of backcountry forests 
that are far from at-risk communities. The 
law allows for increased logging of large, 
fire-resistant trees that are not in close 
proximity of homes and communities; it 
undermines critical protections for endan-
gered species by exempting Federal land 
management agencies from consulting with 
the United States Fish and Wildlife Serv-
ice before approving any action that could 
harm endangered plants or wildlife; and it 
limits public participation by reducing the 
number of environmental project reviews. 
(ii) On April 21, 2008, the Depart-
ment of Agriculture issued a Final Plan-
ning Rule and Record of Decision for Na-
tional Forest System Land Management 
Planning. Similar to rules enacted by the 
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Administration on January 5, 2005, later 
remanded back to the agency in Federal 
district court for violating the National 
Environmental Policy Act of 1969, the En-
dangered Species Act of 1973, and the Ad-
ministrative Procedure Act (‘‘Citizens for 
Better Forestry v. United States Depart-
ment of Agriculture’’, 481 F. Supp. 2d 
1059 (N.D. Cal. 2007)), this revised rule 
eliminates strict forest planning standards 
established in 1982, and opens millions of 
acres of public lands to damaging and 
invasive logging, mining, and drilling oper-
ations. These regulations would reverse 
more than 20 years of protection for wild-
life and national forests by removing the 
overall goal of ensuring ecological sustain-
ability in managing the national forest sys-
tem, weakening the National Forest Man-
agement Act of 1976, and effectively end-
ing the review of forest management plans 
under the National Environmental Policy 
Act of 1969. 
(iii) On September 20, 2006, the Dis-
trict Court for the Northern District of 
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California vacated the Protection of Inven-
toried Roadless Areas rule, enacted on May 
13, 2005, which gave State Governors 18 
months to petition the Federal Government 
to either restore the previous rule for their 
States, or submit a new management and 
development plan for national forest areas 
inventoried under the rule. Despite the 
enjoinment of the Administration’s 2005 
rule, and the subsequent restoration of the 
original Roadless Area Conservation Rule, 
the United States Forest Service has con-
tinued to allow States to petition for a spe-
cial rule under the authority of the Admin-
istrative Procedure Act, publishing a final 
special rule for Idaho on October 16, 2008. 
As a result, 58.5 million acres of wild na-
tional forests are still vulnerable to log-
ging, road building, and other develop-
ments that may fragment natural habitats 
and negatively impact fish and wildlife. 
(iv) On November 17, 2008, the De-
partment of the Interior’s Bureau of Land 
Management (BLM) signed the Record of 
Decision (ROD) amending 12 resource 
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management plans in Colorado, Utah, and 
Wyoming, opening 2,000,000 acres of pub-
lic lands to commercial tar sands and oil 
shale exploration and development. On No-
vember 18, 2008, the BLM published a 
final rule for Oil Shale Management set-
ting the policies and procedures for a com-
mercial leasing program for the manage-
ment of federally owned oil shale in those 
three States. Previously barred by a con-
gressional moratorium on the commercial 
leasing regulations for oil shale until Sep-
tember 30, 2008, the development of oil 
shale on public lands poses a serious threat 
to land conservation, endangered and 
threatened species, and critical habitat. 
Domestic shale oil production allowed by 
these regulations is highly water and en-
ergy intensive, the impacts of which will in-
tensify existing water scarcity in the arid 
Western Region and potentially degrade 
air and water quality for surrounding pop-
ulations. 
(C) SCIENTIFIC
REVIEW.—On December 
16, 2008, the United States Fish and Wildlife 
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Service of the Department of the Interior and 
the National Oceanic and Atmospheric Admin-
istration of the Department of Commerce joint-
ly issued a new rule amending regulations gov-
erning interagency cooperation under section 7 
of the Endangered Species Act of 1973 (ESA). 
This rule undermines the intention of the ESA 
to protect species and the ecosystems upon 
which they depend by allowing Federal agencies 
to carry out, permit, or fund an action without 
proper environmental review and expert third- 
party consultation from Federal wildlife ex-
perts. Under this new rule, Federal agencies 
can unilaterally circumvent the formal review 
process, eliminating longstanding and scientif-
ically grounded safeguards that serve to protect 
the biodiversity of our Nation’s ecosystems and 
avert harm to thousands of endangered and 
threatened species. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States Government to work in conjunction with 
States, territories, tribal governments, international orga-
nizations, and foreign governments in order to act as a 
steward of the environment for the benefit of public 
health, to maintain air quality and water quality, to sus-
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tain the diversity of plant and animal species, to combat 
global climate change, and to protect the environment for 
future generations to enjoy. 
(c) STUDY AND REPORT ON PUBLIC HEALTH OR EN-
VIRONMENTAL IMPACT
OF REVISED RULES, REGULA-
TIONS, LAWS, OR PROPOSED LAWS.— 
(1) STUDY.—Not later than 30 days after the 
date of enactment of this Act, the President shall 
enter into an arrangement under which the National 
Academy of Sciences will conduct a study to deter-
mine the impact on public health, air quality, water 
quality, wildlife, and the environment of the fol-
lowing regulations, laws, and proposed laws: 
(A) CLEAN WATER.— 
(i) Final revisions to the Federal 
Water Pollution Control Act regulatory 
definitions of ‘‘fill material’’ and ‘‘dis-
charge of fill material’’, finalized and pub-
lished in the Federal Register on May 9, 
2002 (67 Fed. Reg. 31129), amending 
part 232 of title 40, Code of Federal Regu-
lations. 
(ii) Revised National Pollutant Dis-
charge Elimination System Permit Regula-
tion and Effluent Limitation Guidelines 
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and Standards for Concentrated Animal 
Feeding Operations in response to the 
‘‘Waterkeeper 
Alliance, 
et 
al. 
v. 
Enviromental Protection Agency’’ decision, 
finalized and published in the Federal Reg-
ister on November 20, 2008 (73 Fed. Reg. 
225), amending parts 9, 122, and 412 of 
title 40, Code of Federal Regulations. 
(iii) A March 19, 2003, rule published 
in the Federal Register (68 Fed. Reg. 
13608) withdrawing a July 13, 2000, rule 
revising the Total Maximum Daily Load 
program of the Federal Water Pollution 
Control Act (65 Fed. Reg. 43586), amend-
ing parts 9, 122, 123, 124, and 130 of 
title 40, Code of Federal Regulations. 
(iv) 
Official 
Guidance 
Document, 
‘‘Clean Water Act Jurisdiction Following 
the United States Supreme Court’s Deci-
sion in Rapanos v. United States & 
Carabell v. United States’’, issued on De-
cember 2, 2008, relating to jurisdiction 
under section 404 of the Federal Water 
Pollution Control Act. 
(B) FORESTS AND LAND MANAGEMENT.— 
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(i) Healthy Forests Restoration Act of 
2003, signed into law on December 3, 
2003 (Public Law 108–148; 16 U.S.C. 
6501 et seq.). 
(ii) National Forest System Land 
Management Planning Rule, finalized and 
published in the Federal Register on April 
21, 2008 (73 Fed. Reg. 21468), replacing 
the 2005 final rule (70 Fed. Reg. 1022, 
Jan. 5, 2005), as amended March 3, 2006 
(71 Fed. Reg. 10837) and the 2000 final 
rule adopted on November 9, 2000 (65 
Fed. Reg. 67514) as amended on Sep-
tember 29, 2004 (69 Fed. Reg. 58055), 
amending title 36, Code of Federal Regula-
tions, part 219. 
(iii) The application of the Adminis-
trative Procedure Act (5 U.S.C. 551 to 
559, 701 to 706, et seq.), such that States 
may petition for a special rule for the 
roadless areas in all or part of said State. 
(iv) Record of Decision, ‘‘Oil Shale 
and Tar Sands Resources Resource Man-
agement Plan Amendments’’, issued on 
November 17, 2008, along with the Final 
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