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: (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;
[*7630]
(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)
[*7631] 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.
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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.
/s/ WILLIAM J. CLINTON
THE WHITE HOUSE,
February 11, 1994.
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.
[FR Doc. 94-3685 Filed 2-14-94; 3:07 pm]
Billing code 3195-01-P