E.
O.
12898
­
Environmental
Justice
Strategy
Presidential
Documents
Federal
Register
Vol.
59,
No.
32
Wednesday,
February
16,
1994
____________________________________________________________________

Title
3­­
The
President
Executive
Order
12898
of
February
11,
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
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
lowincome
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
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
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.
(
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,
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.

[
FR
Doc.
94­
3685
Filed
2­
14­
94;
3:
07
pm]
Billing
code
3195­
01­
P
­­
Memorandum
from
the
President
which
accompanied
EO
follows:

***********************************************
THE
WHITE
HOUSE
WASHINGTON
February
11,
1994
MEMORANDUM
FOR
THE
HEADS
OF
ALL
DEPARTMENTS
AND
AGENCIES
SUBJECT:
Executive
Order
on
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
Today
I
have
issued
an
Executive
Order
on
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations.
That
order
is
designed
to
focus
Federal
attention
on
the
environmental
and
human
health
conditions
in
minority
communities
and
low­
income
communities
with
the
goal
of
achieving
environmental
justice.
That
order
is
also
intended
to
promote
non­
discrimination
in
Federal
programs
substantially
affecting
human
health
and
the
environment,
and
to
provide
minority
communities
and
low­
income
communities
access
to
public
information
on,
and
an
opportunity
for
public
participation
in,
matters
relating
to
human
health
or
the
environment.

The
purpose
of
this
separate
memorandum
is
to
underscore
certain
provision
of
existing
law
that
can
help
ensure
that
all
communities
and
persons
across
this
Nation
live
in
a
safe
and
healthful
environment.
Environmental
and
civil
rights
statutes
provide
many
opportunities
to
address
environmental
hazards
in
minority
communities
and
lowincome
communities.
Application
of
these
existing
statutory
provisions
is
an
important
part
of
this
Administration's
efforts
to
prevent
those
minority
communities
and
low­
income
communities
from
being
subject
to
disproportionately
high
and
adverse
environmental
effects.
I
am
therefore
today
directing
that
all
department
and
agency
heads
take
appropriate
and
necessary
steps
to
ensure
that
the
following
specific
directives
are
implemented
immediately:

In
accordance
with
Title
VI
of
the
Civil
lights
Act
of
1964,
each
Federal
agency
shall
ensure
that
all
programs
or
activities
receiving
Federal
financial
assistance
that
affect
human
health
or
the
environment
do
not
directly,
or
through
contractual
or
other
arrangements,
use
criteria,
methods,
or
practices
that
discriminate
on
the
basis
of
race,
color,
or
national
origin.
Each
Federal
agency
shall
analyze
the
environmental
effects,
including
human
health,
economic
and
social
effects,
of
Federal
actions,
including
effects
on
minority
communities
and
low­
income
communities,
when
such
analysis
is
required
by
the
National
Environmental
Policy
Act
of
1969
(
NEPA),
42
U.
S.
C.
section
#
321
et
seq.
.
Mitigation
measures
outlined
or
analyzed
in
an
environmental
assessment,
environmental
impact
statement,
or
record
of
decision,
whenever
feasible,
should
address
significant
and
adverse
environmental
effects
of
proposed
Federal
actions
on
minority
communities
and
lowincome
communities.

Each
Federal
agency
shall
provide
opportunities
for
community
input
in
the
NEPA
process,
including
identifying
potential
effects
and
mitigation
measures
in
consultation
with
affected
communities
and
improving
the
accessibility
of
meetings,
crucial
documents,
and
notices.

The
Environmental
Protection
Agency,
when
reviewing
environmental
effects
of
proposed
action
of
other
Federal
agencies
under
section
309
of
the
Clean
Air
Act,
42
U.
S.
C.
section
760,
shall
ensure
that
the
involved
agency
has
fully
analyzed
environmental
effects
on
minority
communities
and
low­
income
communities,
including
human
health,
social,
and
economic
effects.

Each
Federal
agency
shall
ensure
that
the
public,
including
minority
communities
and
low­
income
communities,
has
adequate
access
to
public
information
relating
to
human
health
or
environmental
planning,
regulations,
and
enforcement
when
required
under
the
Freedom
of
Information
Act,
5
U.
S.
C.
section
552,
the
Sunshine
Act,
5
U.
S.
C.
section
552h,
and
the
Emergency­
Planning
and
Community
Right­
to­
Know
Act,
42
U.
S.
C.
section
11044.

***

This
memorandum
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.

William
Clinton
1.
