FEDERAL
REGISTER
VOL. 59, No. 32
Presidential Documents
PRESIDENT OF THE UNITED STATES
Executive Order 12898 of February 11, 1994
Title 3-
The
President
Federal
Actions To Address Environmental Justice in Minority Populations
and Low-Income Populations
59 FR 7629
DATE:
Wednesday, February 16, 1994
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 Mariana 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; (l) 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:
-
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;
-
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;
-
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;
-
assist in coordinating data collection, required by this order;
59 FR 7630
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examine existing data and studies on environmental justice;
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hold public meetings as required in section 5-502(d) of this
order; and
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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, shall 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. 59 FR 7631
.
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 a 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. 59 FR7632
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.
6-603.
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 for 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,
[*7633] 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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