Environmental Justice > Executive Order 12898

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Title: Executive Order 12898: Env. Justice for Minority Populations

Author: The White House

Date: Feb 11, 1994

                               THE WHITE HOUSE

                        Office of the Press Secretary

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For Immediate Release

February 11, 1994

EXECUTIVE ORDER

12898

FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE

IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS

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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.

     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.

  a. 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.

  b. 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.

  c. Within 10 months of the date of this order, each Federal agency shall

     provide the Working Group with its proposed environmental justice

     strategy.

  d. 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.

  e. 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.

  f. 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.

  1. 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.

  2. Environmental human health analyses, whenever practicable and

     appropriate, shall identify multiple and cumulative exposures.

  3. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

WILLIAM J. CLINTON

THE WHITE HOUSE,

February 11, 1994.