FEDERAL ACTIONS
TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME
POPULATIONS By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows: Section 1-1. IMPLEMENTATION. 1-101. Agency Responsibilities. To the greatest extent practicable and
permitted by law, and consistent with the principles set forth In the
report on the National Performance Review, each Federal agency shall
make achieving environmental justice part of its mission by identifying
and addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and activities
on minority populations and low-income populations in the United States
and its territories and possessions, the District of Columbia, the Commonwealth
of Puerto Rico, and the Commonwealth of the Marian islands. 1-102. Creation of
an Interagency Working Group on Environmental Justice (a) Within 3
months of the date
of this order, the Administrator of the
Environmental Protection Agency ("Administrator") or the Administrator's
designee shall convene an Interagency Federal Working Group on Environmental
Justice ("Working- Group"). The Working Group shall comprise
the heads of the following executive agencies and offices, or their designees:
(a) Department of Defense; (b) Department of Health and Human Services;
(c) Department of Housing and Urban Development; (d) Department of Labor;
(e) Department of Agriculture; (f) Department of Transportation; (g)
Department of Justice; (h) Department of the Interior; (i) Department
of Commerce; (j) Department of Energy; (k) Environmental Protection Agency;
(1) Office of Management and Budget; (m) Office of Science and Technology
Policy; (n) Office of the Deputy Assistant to the President for Environmental
Policy; (o) Office of the Assistant to the President for Domestic Policy;
(p) National Economic Council; (q) Council of Economic Advisers; and
(r) such other Government officials as the President may designate. The
Working Group shall report to the President through the Deputy Assistant
to the President for Environmental Policy and the Assistant to the President
for Domestic Policy. (b) The Working Group shall: (1) provide guidance to Federal agencies
on criteria for identifying disproportionately high and adverse human
health or environmental effects on minority populations and low-income
populations; (2) coordinate with, provide guidance to, and serve as a clearinghouse
for, each Federal agency as it develops an environmental justice strategy
as required by section 1-103 of this order, in order to ensure that the
administration, interpretation and enforcement of programs, activities
and policies are undertaken in a consistent manner; (3) assist in coordinating
research by, and stimulating cooperation among, the Environmental Protection
Agency, the Department of Health and Human Services, the Department of
Housing and Urban Development, and other agencies conducting research
or other activities in accordance with section 3-3 of this order; (4) assist in coordinating data collection, required by this order; (5) examine existing data and studies on environmental justice; (6) hold public meetings at required in section 5-502(d) of this order;
and (7) develop interagency model projects on environmental justice that
evidence cooperation among Federal agencies. 1-103. Development of Agency Strategies. (a) Except as provided in section
6-605 of this order, each Federal agency shall develop an agency-wide
environmental justice strategy, as set forth in subsections (b) - (e)
of this section that identifies and addresses disproportionately high
and adverse human health or environmental effects of its programs, policies,
and activities on minority populations and low-income populations. The
environmental justice strategy shall list programs, policies, planning
and public participation processes, enforcement, and/or rulemakings related
to human health or the environment that should be revised to, at a minimum:
(1) promote enforcement of all health and environmental statutes in areas
with minority populations and low-income populations: (2) ensure greater
public participation; (3) improve research and data collection relating
to the health of and environment of minority populations and low-income
populations; and (4) identify differential patterns of consumption of
natural resources among minority populations and low-income populations.
In addition, the environmental justice strategy shall include, where
appropriate, a timetable for undertaking identified revisions and consideration
of economic and social implications of the revisions. (b) Within 4 months of the date of this order, each Federal agency shall
identify an internal administrative process for developing its environmental
justice strategy, and shall inform the Working Group of the process. (c) Within 6 months of the date of this order, each Federal agency shall
provide the Working Group with an outline of its proposed environmental
justice strategy. (d) Within 10 months of the date of this order, each Federal agency
shall provide the Working Group with its proposed environmental justice
strategy. (e) Within 12 months of the date of this order, each Federal agency
shall finalize its environmental justice strategy and provide a copy
and written description of its strategy to the Working Group. During
the 12 month period from the date of this order, each Federal agency,
as part of its environmental justice strategy, shell identify several
specific projects that can be promptly undertaken to address particular
concerns identified during the development of the proposed environmental
justice strategy, and a schedule for implementing those projects. (f) Within 24 months of the date of this order, each Federal agency
shall report to the Working Group on its progress in implementing its
agency-wide environmental justice strategy. (g) Federal agencies shall provide additional periodic reports to the
Working Group as requested by the Working Group. 1-104. Reports to The President. Within 14 months of the date of this
order, the Working Group shall submit to the President, through the Office
of the Deputy Assistant to the President for Environmental Policy and
the Office of the Assistant to the President for Domestic Policy, a report
that describes the implementation of this order, and includes the final
environmental justice strategies described in section 1-103(e) of this
order. Sec. 2-2. Federal Agency Responsibilities For Federal Programs. Each Federal agency shall conduct its programs, policies, and activities
that substantially affect human health or the environment, in a manner
that ensures that such programs, policies, and activities do not have
the effect of excluding persons (including populations) from participation
in, denying persons (including populations) the benefits of, or subjecting
persons (including populations) to discrimination under, such, programs,
policies, and activities, because of their race, Color, or national origin. Sec. 3 -3. Research, Data Collection, and Analysis 3-301. Human Health and Environmental Research and Analysis. (a) Environmental
human health research, whenever practicable and appropriate, shall include
diverse segments of the population in epidemiological and clinical studies,
including segments at high risk from environmental hazards, such as minority
populations, low-income populations and workers who may be exposed to,
substantial environmental hazards. (b) Environmental human health analyses, whenever practicable and appropriate,
shall identify multiple and cumulative exposures. (c) Federal agencies shall provide minority populations and low-income
populations the opportunity to comment on the development and design
of research strategies undertaken pursuant to this order. 3-302. Human Health and Environmental Data Collection and Analysis To
the extent permitted by existing law, including the Privacy Act, as amended
(5 U.S.C. section 552a): (a) each federal agency, whenever practicable
and appropriate, shall collect, maintain, and analyze information assessing
and comparing environmental and human health risks borne by populations
identified by race, national origin, or income. To the extent practical
and appropriate, Federal agencies shall use this information to determine
whether their programs, policies, and activities have disproportionately
high and adverse human health or environmental effects on minority populations
and low-income populations; (b) In connection with the development and implementation of agency
strategies in section 1-103 of this order, each Federal agency, whenever
practicable and appropriate, shall collect, maintain and analyze information
on the race, national origin, income level, and other readily accessible
and appropriate information for areas surrounding facilities or sites
expected to have substantial environmental, human health, or economic
effect on the surrounding populations, when such facilities or sites
become the subject of a substantial Federal environmental administrative
or judicial action. Such information shall be made available to the public
unless prohibited by law; and (c) Each Federal agency, whenever practicable and appropriate, shall
collect, maintain, and analyze information on the race, national origin,
income level, and other readily accessible and appropriate information
for areas surrounding Federal facilities that are: (1) subject to the
reporting requirements under the Emergency Planning and Community Right-to-Know
Act, 42 U.S.C. section 11001-11050 as mandated in Executive Order No.
12856; and (2) expected to have a substantial environmental, human health,
or economic effect on surrounding populations. Such information shall
be made available to the public unless prohibited by law. (d) In carrying out the responsibilities in this section, each Federal
agency, whenever practicable and appropriate, shall share information
and eliminate unnecessary duplication of efforts through the use of existing
data systems and cooperative agreements among Federal agencies and with
State, local, and tribal governments. Sec. 4-4. Subsistence Consumption Of Fish And Wildlife. 4-401. Consumption Patterns. In order to assist in identifying the need
for ensuring protection of populations with differential patterns of
subsistence consumption of fish and wildlife, Federal agencies, whenever
practicable and appropriate, shall collect, maintain, and analyze information
on the consumption patterns of populations who principally rely on fish
and/or wildlife for subsistence. Federal agencies shall communicate to
the public the risks of those consumption patterns. 4-402. Guidance. Federal agencies, whenever practicable and appropriate,
shall work in a coordinated manner to publish guidance reflecting the
latest scientific information available concerning methods for evaluating
the human health risks associated with the consumption of pollutant-bearing
fish or wildlife. Agencies shall consider such guidance in developing
their policies and rules. Sec. 5-5. Public Participation and Access to Information (a) The public may submit recommendations to Federal agencies relating
to the incorporation of environmental justice principles into Federal
agency programs or policies. Each Federal agency shall convey such recommendations
to the Working Group. (b) Each Federal agency may, whenever practicable and appropriate, translate
crucial public documents, notices, and hearings relating to human health
or the environment for limited English speaking populations. (c) Each Federal agency shall work to ensure that public documents,
notices, and hearings relating to human health or the environment are
concise, understandable, and readily accessible to the public. (d) The Working Group shall hold public meetings, as appropriate, for
the purpose of fact-finding, receiving public comments, and conducting
inquiries concerning environmental justice. The Working Group shall prepare
for public review a summary of the comments and recommendations discussed
at the public meetings. Sec. 6-6. General Provisions. 6-601. Responsibility for Agency Implementation. The head of each Federal
agency shall be responsible for ensuring compliance with this order.
Each Federal agency shall conduct internal reviews and take such other
steps as may be necessary to monitor compliance with this order. 6-602. Executive Order No. 12250. This Executive order is intended to
supplement but not supersede Executive Order No. 12250, which requires
consistent and effective implementation of various laws prohibiting discriminatory
practices in programs receiving Federal financial assistance. Nothing
herein shall limit the effect or mandate of Executive Order No. 12250. 6-6O3. Executive Order No. 12875. This Executive order is not intended
to limit the effect or mandate of Executive Order No. 12875. 6-604. Scope. For purposes of this order, Federal agency means any agency
on the Working Group, and such other agencies as may be designated by
the President, that conducts any Federal program or activity that substantially
affects human health or the environment. Independent agencies are requested
to comply with the provisions of this order. 6-605. Petitions far Exemptions. The head of a Federal agency may petition
the President for an exemption from the requirements of this order on
the grounds that all or some of the petitioning agency's programs or
activities should not be subject to the requirements of this order. 6-606. Native American Programs. Each Federal agency responsibility
set forth under this order shall apply equally to Native American programs.
In addition the Department of the Interior, in coordination with the
Working Group, and, after consultation with tribal leaders, shall coordinate
steps to be taken pursuant to this order that address Federally- recognized
Indian Tribes. 6-607. Costs. Unless otherwise provided by law, Federal
agencies shall assume the financial costs of complying with this order. 6-608. General. Federal agencies shall implement this order consistent
with, and to the extent permitted by, existing law. 6-609. Judicial Review. This order is intended only to improve the internal
management of the executive branch and is not intended to, nor does it
create any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or equity by a party against the United States, its
agencies, its officers, or any person. This order shall not be construed
to create any right to judicial review involving the compliance or noncompliance
of the United States, its agencies, its officers, or any other person
with this order. William J. Clinton THE WHITE HOUSE,
February 11, 1994.
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