569 
human health and environmental planning, reg-
ulations, and enforcement; and 
(B) no minority or low-income population 
is forced to shoulder a disproportionate burden 
of the negative human health and environ-
mental impacts of pollution or other environ-
mental hazard. 
(2) The term ‘‘fair treatment’’ means policies 
and practices that ensure that no group of people, 
including racial, ethnic, or socioeconomic groups 
bear disproportionately high and adverse human 
health or environmental effects resulting from Fed-
eral agency programs, policies, and activities. 
(c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 
The provisions of section 6–609 of Executive Order 12898 
shall not apply for purposes of this Act. 
SEC. 1002. 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’’: 
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(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 
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– 
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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 helping them identify potential 
environmental justice problems and involving envi-
ronmental 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. 
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(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. 
(2) The recommendation that the Agency estab-
lish (through issuing guidance or a policy statement 
from the Administrator) specific time frames 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 operationalize environmental justice into the 
Agency’s daily activities. 
(3) The recommendation that the Agency en-
sure the comprehensive training program currently 
under development includes standard and consistent 
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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 
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-
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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. 
(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. 
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(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. 1003. GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(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) has established a coalition— 
(i) with not less than 1 community- 
based organization; and 
(ii) with not less than 1— 
(I) public health entity; 
(II) health care provider organi-
zation; or 
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(III) academic institution, includ-
ing any minority-serving institution 
(including an Hispanic-serving institu-
tion, a historically Black college or 
university, and a tribal college or uni-
versity); 
(C) ensures planned activities and funding 
streams are coordinated to improve community 
health; and 
(D) 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. 
(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; and 
(2) to address environmental health disparities. 
(e) AMOUNT OF COOPERATIVE AGREEMENT.— 
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(1) IN
GENERAL.—The Director shall award 
grants to eligible entities at the 2 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 
environmental health promotion activities 
of the eligible entity. 
(ii) MEMBERSHIP.—Membership of a 
PPC shall consist of representatives from 
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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, 
and a profile of any target popu-
lations; and 
(IV) define the components of 
care and form essential programmatic 
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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; 
(VIII) implement the plan; and 
(IX) evaluate progress and plan-
ning for the future. 
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(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 
Level 1 Cooperative Agreement (as de-
scribed in paragraph (2)). 
(B) USE OF GRANT FUNDS.—An eligible 
entity awarded a grant under this paragraph 
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shall use the funds to further activities to carry 
out environmental health improvement activi-
ties, including— 
(i) addressing community environ-
mental health priorities in accordance with 
paragraph (2)(C)(ii), including— 
(I) air quality; 
(II) water quality; 
(III) solid waste; 
(IV) land use; 
(V) housing; 
(VI) food safety; 
(VII) crime; 
(VIII) injuries; and 
(IX) health care services; 
(ii) building partnerships between 
planning, public health, and other sectors, 
to address how the built environment im-
pacts food availability and access and 
physical activity to promote healthy behav-
iors and lifestyles and reduce overweight 
and obesity, asthma, respiratory condi-
tions, dental, oral and mental health condi-
tions, poverty, and related co-morbidities; 
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(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 and lower limb prostheses; and 
(iv) convening intervention programs 
that examine the role of the social environ-
ment in connection with the physical and 
chemical environment in— 
(I) determining access to nutri-
tional food; and 
(II) improving physical activity to 
reduce morbidity and increase quality 
of life. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(1) $25,000,000 for fiscal year 2012; and 
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(2) such sums as may be necessary for fiscal 
years 2013 through 2016. 
SEC. 1004. 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-
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) consumption of nutritional foods; 
(C) rates of crime; 
(D) air, water, and soil quality; 
(E) risk of injury; 
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(F) accessibility to health care services; 
and 
(G) 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— 
(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 
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(II) population subgroup (such as 
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 
(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 
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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 
and low-income urban and rural communities. 
(4) PRIORITY.—In providing assistance under 
the grant program authorized under paragraph (2), 
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, urban planning, and transpor-
tation research communities in the United 
States and abroad. 
SEC. 1005. ENVIRONMENT AND PUBLIC HEALTH RESTORA-
TION. 
(a) FINDINGS.— 
(1) GENERAL FINDINGS.—The Congress finds 
as follows: 
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(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 
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-
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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. 
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-
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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-
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-
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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 
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 
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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-
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 
clean-up plans and is allowing States to 
avoid cleaning polluted waters entirely by 
dropping them from their clean-up lists. 
Waterways play a crucial role in the lives 
of the people of the United States and are 
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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-
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-
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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.— 
(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 
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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 
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-
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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 
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 U.S. Forest Service has continued to 
allow States to petition for a special rule 
under the authority of the Administrative 
Procedure Act, publishing a final special 
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rule for Idaho on October 16, 2008. As a 
result, 58.5 million acres of wild national 
forests are still vulnerable to logging, road 
building, and other developments 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 
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 
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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 
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-
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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-
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.— 
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(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 FR 31129), amending part 232 
of title 40, Code of Federal Regulations. 
(ii) Revised National Pollutant Dis-
charge Elimination System Permit Regula-
tion and Effluent Limitation Guidelines 
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 FR 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 FR 13608) 
withdrawing a July 13, 2000, rule revising 
the Total Maximum Daily Load program 
of the Federal Water Pollution Control Act 
(65 FR 43586), amending parts 9, 122, 
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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.— 
(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 FR 21468), replacing the 
2005 final rule (70 FR 1022, Jan. 5, 
2005), as amended March 3, 2006 (71 FR 
10837) and the 2000 final rule adopted on 
November 9, 2000 (65 FR 67514) as 
amended on September 29, 2004 (69 FR 
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601 
58055), amending title 36, Code of Fed-
eral Regulations, 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 
Rule, Oil Shale Management-General, pub-
lished in the Federal Register on Novem-
ber 18, 2008 (73 FR 223), amending title 
43, Code of Federal Regulations, parts 
3900, 3910, 3920, and 3930. 
(C) SCIENTIFIC
REVIEW.—Final Rule, 
Interagency Cooperation Under the Endangered 
Species Act, published in the Federal Register 
on December 16, 2008, amending title 50, Code 
of Federal Regulations, part 402. 
(2) METHOD.—In conducting the study under 
paragraph (1), the National Academy of Sciences 
may utilize and compare existing scientific studies 
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regarding the regulations, laws, and proposed laws 
listed in paragraph (1). 
(3) REPORT.—Under the arrangement entered 
into under paragraph (1), not later than 270 days 
after the date on which such arrangement is entered 
into, the National Academy of Sciences shall make 
publicly available and shall submit to the Congress 
and to the head of each department and agency of 
the Federal Government that issued, implements, or 
would implement a regulation, law, or proposed law 
listed in paragraph (1), a report containing— 
(A) a description of the impact of all such 
regulations, laws, and proposed laws on public 
health, air quality, water quality, wildlife, and 
the environment, compared to the impact of 
preexisting regulations, or laws in effect, includ-
ing— 
(i) any negative impacts to air quality 
or water quality; 
(ii) any negative impacts to wildlife; 
(iii) any delays in hazardous waste 
cleanup that are projected to be hazardous 
to public health; and 
(iv) any other negative impact on pub-
lic health or the environment; and 
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(B) any recommendations that the Na-
tional Academy of Sciences considers appro-
priate to maintain, restore, or improve in whole 
or in part protections for public health, air 
quality, water quality, wildlife, and the environ-
ment for each of the regulations, laws, and pro-
posed laws listed in paragraph (1), which may 
include recommendations for the adoption of 
any regulation or law in place or proposed prior 
to January 1, 2001. 
(d) DEPARTMENT AND AGENCY REVISION OF EXIST-
ING RULES, REGULATIONS, OR LAWS.—Not later than 
180 days after the date on which the report is submitted 
pursuant to subsection (c)(3), the head of each depart-
ment and agency that has issued or implemented a regula-
tion or law listed in subsection (c)(1) shall submit to the 
Congress a plan describing the steps such department or 
such agency will take, or has taken, to restore or improve 
protections for public health and the environment in whole 
or in part that were in existence prior to the issuance of 
such regulation or law. 
SEC. 1006. HEALTHY FOOD FINANCING INITIATIVE. 
(a) IN GENERAL.—Subtitle D of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6951) 
is amended by adding at the end the following: 
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‘‘SEC. 242. HEALTHY FOOD FINANCING INITIATIVE. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish a program to improve access to healthy foods in 
underserved areas, to create and preserve quality jobs, and 
to revitalize low-income communities by providing loans 
and grants to eligible fresh, healthy food retailers to over-
come the higher costs and initial barriers to entry in un-
derserved, urban, suburban, and rural areas. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY DEVELOPMENT FINANCIAL IN-
STITUTION.—The term ‘community development fi-
nancial institution’ has the meaning given the term 
in section 103 of the Community Development 
Banking and Financial Institutions Act of 1994 (12 
U.S.C. 4702). 
‘‘(2) FOOD ACCESS ORGANIZATION.—The term 
‘food access organization’ means a nonprofit organi-
zation with expertise in improving access to healthy 
food in underserved communities. 
‘‘(3) INITIATIVE.—The term ‘Initiative’ means 
the Healthy Food Financing Initiative established in 
the Department by subsection (c)(1). 
‘‘(4) LOCAL
FUNDS.—The term ‘local funds’ 
means the allocation of national funds and any other 
forms of financial assistance (including grants, 
loans, and equity investments) that are raised by 
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partnerships to carry out the purposes of this sec-
tion. 
‘‘(5) NATIONAL
FUNDS.—The term ‘national 
funds’ means any Federal appropriation made to 
carry out this section and any other forms of finan-
cial assistance (including grants, loans, and equity 
investments) that are raised by the national fund 
manager to carry out the purposes of this section. 
‘‘(6) NATIONAL
FUND
MANAGER.—The term 
‘national fund manager’ means a community devel-
opment financial institution in existence as of the 
date of enactment of this section and certified by the 
Community 
Development 
Financial 
Institutions 
Fund of the Department of the Treasury that is des-
ignated by the Secretary to manage the Initiative for 
purposes of— 
‘‘(A) raising private capital; 
‘‘(B) providing financial and technical as-
sistance to partnerships; and 
‘‘(C) funding eligible projects directly at 
the request of partnerships to attract fresh, 
healthy food retailers to underserved urban, 
suburban, and rural areas, in accordance with 
this section. 
‘‘(7) PARTNERSHIP.— 
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‘‘(A) IN
GENERAL.—The term ‘partner-
ship’ means a regional, State, or local public 
and private partnership that is organized to im-
prove access to fresh, healthy foods by pro-
viding financial and technical assistance to eli-
gible projects. 
‘‘(B) INCLUSIONS.—The term ‘partnership’ 
includes— 
‘‘(i) an unit of State, local, or tribal 
government or a quasi-public State or local 
government agency; 
‘‘(ii) a food access or community 
health organization committed to improv-
ing access to healthy foods; 
‘‘(iii) a community development finan-
cial institution or other organization that 
is capable of administering a loan and 
grant program in accordance with this sec-
tion; and 
‘‘(iv) other organizations interested in 
improving access to healthy foods in under-
served areas. 
‘‘(c) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the 
Department a Healthy Food Financing Initiative. 
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‘‘(2) MANAGEMENT.—Not later than 1 year 
after the date of enactment of this section, the Sec-
retary shall select and enter into a grant agreement 
with a national fund manager who shall be respon-
sible for the management of the Initiative nationally. 
‘‘(3) ELIGIBLE PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to the re-
quirements of this paragraph, the national fund 
manager shall establish the eligibility criteria 
for projects to be assisted by the Initiative. 
‘‘(B) REQUIREMENTS.—To be eligible to 
receive assistance through the Initiative, a 
project shall— 
‘‘(i) include a supermarket, grocery 
store, farmers market, or other fresh, 
healthy food retailer; 
‘‘(ii) consist of a for-profit business 
enterprise, a member- or worker-owned co-
operative, or a nonprofit organization; 
‘‘(iii) meet the eligibility criteria es-
tablished under this section; 
‘‘(iv) continue to be a viable business 
enterprise with a financial viability plan; 
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include 
packaged 
or 
canned 
goods. 
‘‘(II) STAPLE FOOD.— 
‘‘(aa) IN
GENERAL.—The 
term ‘staple food’ means food 
that is a basic dietary item, in-
cluding bread, flour, fruits, vege-
tables, and meat. 
‘‘(bb) 
EXCLUSIONS.—The 
term ‘staple food’ does not in-
clude snack or accessory food 
(such as chips, soda, coffee, con-
diments, and spices) or ready-to- 
eat, prepared food. 
‘‘(III) VARIETY.—The term ‘vari-
ety’ means an assortment of different 
types of food items. 
‘‘(ii) IN GENERAL.—For purposes of 
subparagraph (B)(vii), to expand or pre-
serve the availability of fresh fruits and 
vegetables in underserved areas shall 
mean, with respect to a project, that the 
project maintains a store that— 
‘‘(I) carries a full line of fresh 
produce, as defined by the national 
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fund manager to reflect differences in 
project size and overall store size; 
‘‘(II) sells food for home prepara-
tion and consumption; and 
‘‘(III) at a minimum— 
‘‘(aa) offers for sale at least 
3 different varieties of food in 
each of the 4 staple food groups 
(bread and grains, dairy, fruits 
and vegetables, and meat, poul-
try, and fish), with perishable 
food in at least 2 categories, on 
a daily basis; or 
‘‘(bb) has a store at which 
at least 50 percent of the total 
sales of the store (including food 
and nonfood items or services) 
are from the sale of eligible sta-
ple food. 
‘‘(D) INCOME
CRITERIA.—Each eligible 
project shall be located in— 
‘‘(i) a low- or moderate-income census 
tract, as determined by the Bureau of the 
Census of the Department of Commerce; 
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