EXECUTIVE ORDER 12898
Federal Register
Vol. 59, No. 32
February 16, 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 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 program, 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 RESPONSIBLES 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.
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.
4-102. 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 those 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.12873.
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.
THE WHITE HOUSE,
February 11, 1994.
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