[Weekly Compilation of Presidential Documents Volume 30, Number 6 (Monday, February 14, 1994)]
[Pages 276-279]
[Online from the Government Printing Office, www.gpo.gov]
<R04>
Executive Order 12898--Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations
February 11, 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: (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.
[[Page 277]]
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
[[Page 278]]
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 States, 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 com-
[[Page 279]]
ments 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.
[Filed with the Office of the Federal Register, 3:07 p.m., February 14,
1994]
Note: This Executive order was published in the Federal Register on
February 16.