Clinton, William J.

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University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Panel I: Learning from Title VI Looking Back, Moving Forward 2-11-1994 Executive Order 12898 William J. Clinton United States of America Follow this and additional works at: https://digitalcommons.law.buffalo.edu/learning_from_title_vi Recommended Citation William J. Clinton, Executive Order 12898, (1994). Available at: https://digitalcommons.law.buffalo.edu/learning_from_title_vi/4 This Supplemental File is brought to you for free and open access by the Looking Back, Moving Forward at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Panel I: Learning from Title VI by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact lawscholar@buffalo.edu. Presidential Documents Federal RegisterVol. 59, No. 32Wednesday, February 16, 1994Title 3—The PresidentExecutive Order 12898 of February 11, 1994Federal Actions To Address Environmental Justice inMinority Populations and Low-Income PopulationsBy the authority vested in me as President by the Constitution and thelaws 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 per-mitted by law, and consistent with the principles set forth in the reporton the National Performance Review, each Federal agency shall make achiev-ing environmental justice part of its mission by identifying and addressing,as appropriate, disproportionately high and adverse human health or environ-mental effects of its programs, policies, and activities on minority populationsand low-income populations in the United States and its territories andpossessions, 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 theEnvironmental Protection Agency (‘‘Administrator’’) or the Administrator’sdesignee shall convene an interagency Federal Working Group on Environ-mental Justice (‘‘Working Group’’). The Working Group shall comprise theheads 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) Depart-ment of Justice; (h) Department of the Interior; (i) Department of Commerce;(j) Department of Energy; (k) Environmental Protection Agency; (l) Officeof 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) NationalEconomic Council; (q) Council of Economic Advisers; and (r) such otherGovernment officials as the President may designate. The Working Groupshall report to the President through the Deputy Assistant to the Presidentfor Environmental Policy and the Assistant to the President for DomesticPolicy.(b) The Working Group shall: (1) provide guidance to Federal agencieson criteria for identifying disproportionately high and adverse human healthor environmental effects on minority populations and low-income popu-lations;(2) coordinate with, provide guidance to, and serve as a clearinghousefor, each Federal agency as it develops an environmental justice strategyas required by section 1–103 of this order, in order to ensure that theadministration, interpretation and enforcement of programs, activities andpolicies 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 HumanServices, the Department of Housing and Urban Development, and otheragencies conducting research or other activities in accordance with section3–3 of this order;(4) assist in coordinating data collection, required by this order;(5) examine existing data and studies on environmental justice;VerDate 27<APR>2000 14:15 Jan 31, 2001 Jkt 000000 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 O:\EO\HTML\EOSGML~1\EO12898.SGM ofrpc12 PsN: ofrpc12 Federal Register / Vol. 59, No. 32 / Wednesday, February 16, 1994 / Presidential Documents(6) hold public meetings as required in section 5–502(d) of this order;and(7) develop interagency model projects on environmental justice thatevidence cooperation among Federal agencies.1–103. Development of Agency Strategies. (a) Except as provided in section6–605 of this order, each Federal agency shall develop an agency-wideenvironmental justice strategy, as set forth in subsections (b)–(e) of thissection that identifies and addresses disproportionately high and adversehuman health or environmental effects of its programs, policies, and activitieson minority populations and low-income populations. The environmentaljustice strategy shall list programs, policies, planning and public participationprocesses, enforcement, and/or rulemakings related to human health or theenvironment that should be revised to, at a minimum: (1) promote enforce-ment of all health and environmental statutes in areas with minority popu-lations and low-income populations; (2) ensure greater public participation;(3) improve research and data collection relating to the health of and environ-ment of minority populations and low-income populations; and (4) identifydifferential patterns of consumption of natural resources among minoritypopulations and low-income populations. In addition, the environmentaljustice strategy shall include, where appropriate, a timetable for undertakingidentified revisions and consideration of economic and social implicationsof the revisions.(b) Within 4 months of the date of this order, each Federal agency shallidentify an internal administrative process for developing its environmentaljustice strategy, and shall inform the Working Group of the process.(c) Within 6 months of the date of this order, each Federal agency shallprovide the Working Group with an outline of its proposed environmentaljustice strategy.(d) Within 10 months of the date of this order, each Federal agencyshall provide the Working Group with its proposed environmental justicestrategy.(e) Within 12 months of the date of this order, each Federal agencyshall finalize its environmental justice strategy and provide a copy andwritten description of its strategy to the Working Group. During the 12month period from the date of this order, each Federal agency, as partof its environmental justice strategy, shall identify several specific projectsthat can be promptly undertaken to address particular concerns identifiedduring the development of the proposed environmental justice strategy, anda schedule for implementing those projects.(f) Within 24 months of the date of this order, each Federal agencyshall report to the Working Group on its progress in implementing itsagency-wide environmental justice strategy.(g) Federal agencies shall provide additional periodic reports to the Work-ing Group as requested by the Working Group.1–104. Reports to the President. Within 14 months of the date of thisorder, the Working Group shall submit to the President, through the Officeof the Deputy Assistant to the President for Environmental Policy and theOffice of the Assistant to the President for Domestic Policy, a report thatdescribes the implementation of this order, and includes the final environ-mental justice strategies described in section 1–103(e) of this order.Sec. 2–2. Federal Agency Responsibilities for Federal Programs. Each Federalagency shall conduct its programs, policies, and activities that substantiallyaffect human health or the environment, in a manner that ensures thatsuch programs, policies, and activities do not have the effect of excludingpersons (including populations) from participation in, denying persons (in-cluding populations) the benefits of, or subjecting persons (including popu-lations) to discrimination under, such programs, policies, and activities,because of their race, color, or national origin.VerDate 27<APR>2000 14:15 Jan 31, 2001 Jkt 000000 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 O:\EO\HTML\EOSGML~1\EO12898.SGM ofrpc12 PsN: ofrpc12 Federal Register / Vol. 59, No. 32 / Wednesday, February 16, 1994 / Presidential DocumentsSec. 3–3.Research, Data Collection, and Analysis. 3–301. Human Health and Environmental Research and Analysis. (a) Envi-ronmental human health research, whenever practicable and appropriate,shall include diverse segments of the population in epidemiological andclinical studies, including segments at high risk from environmental hazards,such as minority populations, low-income populations and workers whomay be exposed to substantial environmental hazards.(b) Environmental human health analyses, whenever practicable and appro-priate, shall identify multiple and cumulative exposures.(c) Federal agencies shall provide minority populations and low-incomepopulations the opportunity to comment on the development and designof 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, asamended (5 U.S.C. section 552a): (a) each Federal agency, whenever prac-ticable and appropriate, shall collect, maintain, and analyze informationassessing and comparing environmental and human health risks borne bypopulations identified by race, national origin, or income. To the extentpractical and appropriate, Federal agencies shall use this information todetermine whether their programs, policies, and activities have disproportion-ately high and adverse human health or environmental effects on minoritypopulations and low-income populations;(b) In connection with the development and implementation of agencystrategies in section 1–103 of this order, each Federal agency, wheneverpracticable and appropriate, shall collect, maintain and analyze informationon the race, national origin, income level, and other readily accessible andappropriate information for areas surrounding facilities or sites expectedto have a substantial environmental, human health, or economic effect onthe surrounding populations, when such facilities or sites become the subjectof a substantial Federal environmental administrative or judicial action.Such information shall be made available to the public, unless prohibitedby law; and(c) Each Federal agency, whenever practicable and appropriate, shall col-lect, maintain, and analyze information on the race, national origin, incomelevel, and other readily accessible and appropriate information for areassurrounding Federal facilities that are: (1) subject to the reporting require-ments 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, oreconomic effect on surrounding populations. Such information shall be madeavailable 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 eliminateunnecessary duplication of efforts through the use of existing data systemsand 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 needfor ensuring protection of populations with differential patterns of subsistenceconsumption of fish and wildlife, Federal agencies, whenever practicableand appropriate, shall collect, maintain, and analyze information on theconsumption patterns of populations who principally rely on fish and/orwildlife for subsistence. Federal agencies shall communicate to the publicthe 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 latestscientific information available concerning methods for evaluating the humanhealth risks associated with the consumption of pollutant-bearing fish orVerDate 27<APR>2000 14:15 Jan 31, 2001 Jkt 000000 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 O:\EO\HTML\EOSGML~1\EO12898.SGM ofrpc12 PsN: ofrpc12 Federal Register / Vol. 59, No. 32 / Wednesday, February 16, 1994 / Presidential Documentswildlife. Agencies shall consider such guidance in developing their policiesand rules.Sec. 5–5. Public Participation and Access to Information. (a) The publicmay submit recommendations to Federal agencies relating to the incorpora-tion of environmental justice principles into Federal agency programs orpolicies. Each Federal agency shall convey such recommendations to theWorking Group.(b) Each Federal agency may, whenever practicable and appropriate, trans-late crucial public documents, notices, and hearings relating to human healthor 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 con-cise, understandable, and readily accessible to the public.(d) The Working Group shall hold public meetings, as appropriate, forthe purpose of fact-finding, receiving public comments, and conducting in-quiries concerning environmental justice. The Working Group shall preparefor public review a summary of the comments and recommendations dis-cussed at the public meetings.Sec. 6–6. General Provisions. 6–601. Responsibility for Agency Implementation. The head of each Federalagency shall be responsible for ensuring compliance with this order. EachFederal agency shall conduct internal reviews and take such other stepsas may be necessary to monitor compliance with this order.6–602. Executive Order No. 12250. This Executive order is intended tosupplement but not supersede Executive Order No. 12250, which requiresconsistent and effective implementation of various laws prohibiting discrimi-natory practices in programs receiving Federal financial assistance. Nothingherein shall limit the effect or mandate of Executive Order No. 12250.6–603. Executive Order No. 12875. This Executive order is not intendedto limit the effect or mandate of Executive Order No. 12875.6–604. Scope. For purposes of this order, Federal agency means any agencyon the Working Group, and such other agencies as may be designatedby the President, that conducts any Federal program or activity that substan-tially affects human health or the environment. Independent agencies arerequested to comply with the provisions of this order.6–605. Petitions for Exemptions. The head of a Federal agency may petitionthe President for an exemption from the requirements of this order onthe grounds that all or some of the petitioning agency’s programs or activitiesshould not be subject to the requirements of this order.6–606. Native American Programs. Each Federal agency responsibility setforth under this order shall apply equally to Native American programs.In addition, the Department of the Interior, in coordination with the WorkingGroup, and, after consultation with tribal leaders, shall coordinate stepsto be taken pursuant to this order that address Federally-recognized IndianTribes.6–607. Costs. Unless otherwise provided by law, Federal agencies shallassume the financial costs of complying with this order.6–608. General. Federal agencies shall implement this order consistentwith, and to the extent permitted by, existing law.6–609. Judicial Review. This order is intended only to improve the internalmanagement of the executive branch and is not intended to, nor does itcreate 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 createany right to judicial review involving the compliance or noncomplianceVerDate 27<APR>2000 14:15 Jan 31, 2001 Jkt 000000 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 O:\EO\HTML\EOSGML~1\EO12898.SGM ofrpc12 PsN: ofrpc12 Federal Register / Vol. 59, No. 32 / Wednesday, February 16, 1994 / Presidential Documentsof the United States, its agencies, its officers, or any other person withthis order.œ–THE WHITE HOUSE,February 11, 1994.[FR Citation 59 FR 7629]VerDate 27<APR>2000 14:15 Jan 31, 2001 Jkt 000000 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 O:\EO\HTML\EOSGML~1\EO12898.SGM ofrpc12 PsN: ofrpc12

Executive Order 12898

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Executive Order 12898

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