[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Presidential Documents]
[Pages 7629-7633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3685]
[[Page Unknown]]
[Federal Register: February 16, 1994]
Presidential Documents
Federal Register
Vol. 59, No. 32
Wednesday, February 16, 1994
____________________________________________________________________
Title 3--
The President
Executive Order 12898 of February 11, 1994
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 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: (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 as 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, 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.
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.
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, 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.
(Presidential Sig.)>
THE WHITE HOUSE,
February 11, 1994.
[FR Doc. 94-3685
Filed 2-14-94; 3:07 pm]
Billing code 3195-01-P
Editorial note: For the memorandum that was
concurrently issued on Federal environmental program
reform, see issue No. 6 of the Weekly Compilation of
Presidential Documents.
