National Aeronautics and
Space Administration
Environmental
Justice
National Aeronautics and Space Administration
300 E Street, SW
Washington, DC 20546
i\ Printed on 100%' recycled paper with
W/ minimum 50% post-consumer fiber
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The National Aeronautics and Space Administration ,is committed to
achieving environmental justice. We will ensure that low-income
populations and minority populations do not suffer .
disproportionately high and adverse human health or environmental
effects as a result of Agency activities. Field Installations
will develop implementation plans that are sensitive to the local
community's needs^and perceptions. We will strive to have the
affected public fully involved in the environmental and decision-
making process. We will reach out to communities for their input
and support as we satisfy the spirit and letter of Executive Order
No. 12898.
t
Daniel S. Goldin
Administrator
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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ENVIRONMENTAL JUSTICE STRATEGY
A.; Charter
On February 11, 1994, President Clinton issued two documents (1)
Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations (see
appendix A), and (2) a Presidential 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 (see appendix B) ..
Executive Order No. 12898 mandates each .Federal agency to make .-
achieving Environmental Justice (EJ) part of its mission by
identifying and addressing, as appropriate, disproportionately
high and adverse human health or environmental effects of its
actions on low-income populations and minority populations in the
United States and its territories and possessions, the District
oft Columbia,' the Commonwealth of Puerto Rico, and the
Coinmonwea.lth of the Mariana Islands. One element of Executive
Order No 12898 requires each Federal agency to develop an
agencywide EJ strategy. The Presidential Memorandum expands on
the Executive order and identifies the applicability of Title VI,
of: the Civil Rights Act of 1964 and the National Environmental
Pqlicy Act of 1969 (NEPA),, as amended (42 U.S.CJI 4321 et seg. ) .
B. Policy and Goals
NASA will integrate EJ'issues and concerns into|all of its
programs, policies, and activities. In doing so, the Agency
intends to execute this mandate promptly and effectively, while
keeping the administrative burden at the minimum level.necessary.
Public outreach and involvement will be a primary focus of the
Agencywide implementation of EJ. NASA Centers cire located in a
wide variety of locations ranging from urban environments to
sites far removed from the general population. fSocioeeonomic
circumstances in the surrounding communities, the types of
activities- and programs conducted, and the environmental impacts
associated with such operations differ widely among the various ,
Centers Because of this diverse mix of location, demography,
and activity, NASA's EJ Strategy provides a broad framework of
the items that need to be accomplished to achieve EJ and meet _ the
requirements of Executive Order No. 12898. Each NASA Center- i-p
responsible, for developing its own EJ Implementation Plan. Each
Plan will take into account the activities conducted at the
Center and their environmental impacts, its organizational
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structure and existing processes, the nature of the surrounding
community, and the most effective means of- communication with
external stakeholders.
Human health and adverse environmental impacts can arise in two
waysnormal operations and accidents. Both circumstances; must
be taken into account.. Similarly, EJ concerns may be associated
with (1) existing operations and programs, ,or. (2) modified or new
activities, projects, and programs. The process for addressing
EJ may be different for existing activities than for those that
are new. :
I
C. Organization ,
As indicated in the previous section, the organizational
structure to execute the EJ- mandate may vary w.idely among
Centers. It' is the Center Director's responsibility to select
the organizational structure to best satisfy the requirements of
Executive Order No. 12898 and the Presidential Memorandum.
NASA will have the following organizational elements to execute
the EJ mandate: . '
1. NASA EJ Coordinator: This individual will have overall
Agencywide responsibility for integrating EJ into the
Agency's policies, programs, and activities. The
Director of the Environmental Management Division
(Headquarters) or designee will serve in this capacity.
2. NASA EJ Coordinating Committee (EJCC): This group will
be responsible for (a) reviewing Center EJ plans, (b)
keeping the NASA EJ Strategy current by'acknowledging
changed conditions, successes, and problems experienced
by the Centers, and suggestions from parties both
within and outside of the Agency, and (c) developing
and implementing tools to measure progress toward
meeting the goal of EJ. NASA's Environmental
Management Council or a group selected to support it
will serve as the EJCC. .
3. . Center EJ Coordinator: Each Center will designate an
EJ Coordinator who will be responsible, for integrating
EJ concerns into its policies, .programs, and
activities. If a Center has a satellite facility, it
may choose to designate an EJ Coordinator for that
facility.
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D. Identification '
The first step in establishing an effective Agency EJ program is
to!identify those situations where the potential; exists within
NASA for EJ concerns to arise. This will entail].an evaluation of
each NASA Center, its existing operations, and their associated
environmental and human health impacts, and locations of interest
that may be impacted by future proposed activities. ,
This analysis should be performed even if existing Center .
activities and programs have no substantial adverse impacts
beyond 'the facility's boundaries. It is important that the
information be available when new or revised programs or
activities are being considered. :
E. Data Requirements
A vital factor in, the identification process described in
section P above is the gathering and generating of data. This
tabk is essential to understanding the nature, sbope, magnitude,,
and location of NASA-generated environmental impacts with EJ
implications. Also, such information may be necessary to fine
tune the Center's EJ initiatives, implementation schedule, and
plknned mitigation measures. Types of data and ijinf ormation to be
considered include, but are not necessarily limited to, the
following: , - - . - :
; 1. Socioeconomic information: The U*S. Census Bureau,
: data. State planning and social service agencies,
! . county and municipal governments, and social service
; organizations may be good sources. Organizations .
; , representing minority populations and [low-income
; populations may be able' to provide rel'evant
i information. i
'!" - " ' '
2. Health-risk data: State and local health departments
'_. -may have relevant information. In addition, a variety
: of Federal agencies (e.g., U.S. Environmental
!'' Protection Agency (EPA), Department of Health and Human
Services) may be of assistance. ;
! .3. Environmental field tests and monitoring.
i ' ... ^
4. Environmental modeling: For certain, irledia and factual
' situations, such computer-based mathematical models are
-available and credible. Such model ing; may be required
: or preferable where field measurements are not feasible
or impractical, are costly, or NASA is: attempting to
predict the environmental consequences of a proposed
. '- ' project. - - . , . , , ' '',
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F. Communication
To achieve NASA's EJ goals, there will be Agencywide commitment
to effective communication. The following groups will be
targeted and involved: V
1 Headquarters Senior Management - The Administrator will
issue an Agencywide policy statement affirming the ,
Agency's commitment to EJ implementation in program
operations. ' Each Associate Administrator will discuss
EJ with senior program managers who will ensure
information dissemination to the operating/line
manager. Senior managers will incorporate EJ into .
strategic planning documents for their program area of
responsibility. . . ,
2 Center Senior Management - Center senior management-
officials will be briefed by appropriate members of the
EJCC or other persons with expertise in EJ matters.
Centers will have primary responsibility for
implementation.
3 NASA Environmental Staffs - These groups are intimately
involved with and have expertise in NEPA, site
remediation, and-similar environmental processes. They
will be the office of primary responsibility for
technical advice to vthe line manager on EJ and the
means of avoiding or mitigating disproportionately high
and adverse human health or environmental impacts.
4. Managers of Programs and Activities with EJ_
Implications - Line management will have primary '
responsibility for the integration of EJ and other
environmental concerns into the planning process.
Managers will examine the populations affected by
existing operations, when expanding existing _ .
activities, or implementing new programs. Working with
the public affairs staff, communication with low-income
communities and/or minority communities will occur _
prior to execution of new, NASA programs, and an ongoing
dialogue will be maintained once, the program is.
operational. ,
5 NASA Public Affairs Staffs - The environmental staff
will keep the public affairs staff informed as the
extent of any substantial adverse environmental impacts
on -a particular community or population are analyzed, _
so that the public affairs staff can handle local media
and public inquiries effectively. The public affairs
staff will issue press releases, or other appropriate
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I forms of notification to inform the local community of
: the status and progress of EJ activities.
"*\ . I - ' '' '' ' - ' :. -
'. 6. All Other NASA Personnel - Communicatibn concerning EJ
I ; activities can be established with other NASA personnel
"* : by use of primarily internal Center communication
; mechanisms such as house newsletters, bulletin boards
; (both paper and electronic), and management discussions
: with employees. ' s
', ' I' '
7. Resident Agencies - Some Centers have bther Federal and
; State agencies with activities on NASAi property. Such
; operations should not conflict with NASA EJ efforts.
r The Center's environmental staff will ensure that a
- cooperative working relationship with these entities is
! established to ensure that EJ activities are
' coordinated when interagency projects are involved.
-,.'!
' 8. Contractors - Upon.issuing a solicitation for onsite
support services, the .Center Procurement Office will
incorporate requirements of Executive Order No.. 12898
' into the solicitation document. The Center's
' \ environmental staff will coordinate wijth the Center
Procurement Office to implement these contractor
requirements.
; , - 1 .
; 9. Targeted Public Outreach and Involvement - Dialogue
' should be established with potentially-affected low-
; income communities and/or minority communities on the
subject of EJ. The Center's public afifairs staff will
ensure the efficacy of community outreach activities by
i using the most appropriate and accessible local media
outlets to publicize the activities. Where applicable,
the public affairs staff will develop program-specific
and/or community-specific publications; and other
! strategies to inform and involve the ajffected
communities.
! '. As proposals .arise which may have substantial
: environmental impacts, senior-level Center officials
I will hold public meetings, as appropriate, to provide
; information and solicit comments from jthe community.
'' Such meetings will be held in the neighborhoods of
\ . affected low-income, and minority groupls in facilities .
' with accessible transportation and scheduled at times
; when maximum attendance is possible. Centers will
; . ' place documents with EJ implications In readily
accessible locations such as libraries, schools, and
community action/antipoverty facilitieis to make
i information available for public revielw. These , ,
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documents will be written in plain language with
minimal technical jargon. .
**'_
10. Interagency Communication - Sharing, information permits
building on other successes and avoiding mistakes, .
while effectively and efficiently using scarce _ V
resources. In certain instances, joint agency action
may be appropriate for addressing .EJ concerns. .
G. Integration with Ongoing Business Processes
.For the NASA EJ efforts to be successful, it is imperative that
EJ considerations be blended seamlessly into NASA's normal
business processes. After reviewing data and information ,.
gathered by the Centers, the EJCC will spearhead an effort to
review NASA regulations, management instructions, policy
directives, and management handbooks to identify those rules and
guidance that have EJ implications or whose modification would
assist the integration of EJ into the Agency's mission. - .
Recommendations for changes will be presented to senior NASA
management. EJ considerations will be added to all appropriate
policy directives as part of ongoing efforts to reengineer. Agency
processes.
H. Coordination with Related Programs
NASA has a variety of initiatives focused on minority and low-
income populations. Coordination of EJ efforts with these_other
programs will foster sharing of information, avoiding duplication
of effort, and building on one another's efforts to achieve a
common goal.
The NASA EJCC will designate a working group to investigate_
increased coordination among programs. Members of the working
group will consist primarily of persons with experience in
relevant NASA programs.
In developing and implementing their EJ plans, Centers may find
small and disadvantaged businesses or Grants Program colleges and
universities to be of considerable value.
I. Performance Measures (Metrics/Benchmarking)
The EJCC, in consultation with the Centers, will develop metrics
to measure NASA's performance in achieving integration of EJ
concerns into the Agency's mission. In addition to being
reliable, accurate, and meaningful, the needed information should
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be readily obtainable and create minimum burden as to cost and
administrative process. The metrics may included as appropriate:
" ".,..'.--..-:'
1. Existence of a Center's community , involvement plan
appropriately addressing EJ issues. . ;| .
2 . .. Measures capturing the actual involvement of minority
populations and/or low- income populations in Center
planning and review of proposals . j
i 3. Number of existing NASA activities and1 'programs with EJ
implications;, percentage of such activities and
programs in which mitigation for EJ purposes has been
I implemented. - ,;
4. Benefits to the target populations due ! to NASA's EJ and
', other initiatives . ' ' ::
'
J. Center Environmental Justice Plans i
' - , - . " i;
Each Center will develop a plan for implementing I the spirit and
letter of the Executive Order No. 12898 and the Presidential
Memorandum on EJ within the following framework: '
; 1. Identify existing activities and programs that may have
a substantial environmental effect beyond the Center ' s
boundaries . j;
.' 2. Determine the nature, level, and geographic
; distribution of substantial environmental, impacts
: . caused by Center activities and programs .
;. 3 . Identify minority populations and/or Ipw- income
populations that may be adversely affected by the
Center ' s impact on the environment . l
... ' ' ,i
; 4v Identify environmental impacts on these low- income
populations and/or minority populations as a result of,
the Center's activities. <
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5. Determine which existing activities and programs have a
', disproportionately high and adverse human health or
environmental effects on minority populations and/or
low-income populations . ';,
6. Develop prudent measures for eliminating or mitigating,
I to the extent practicable, the disproportionately high
' and adverse human health or environmental effects on
: such populations of existing activitieis .
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7. While developing the measures to eliminate or mitigate
existing EJ concerns, communicate ,the situation to the
affected populations and seek their input.
8. Adapt each Center's NEPA process to ensure that,.when
required by NEPA, EJ concerns are addressed in each
Environmental Assesment (EA) and Environmental impact
Statement (EIS), prepared for proposed new projects,
programs, and activities. Where the Center determines
that the proposal has no, EJ implications, the basis for
that finding will be presented. The Center will
communicate in a timely'manner with potentially
affected populations. '
9 Communicate identified problem areas to affected
communities and develop a corrective action plan for
implementation which reduces/eliminates adverse
effects. Hold public information-meetings with
community leaders and the general public to gain
stakeholder feedback as outlined in Section F,
Communication, of this NASA EJ Strategy.
10. Assess the effectiveness of emergency response_plans
and the adequacy of resources to protect minority
populations and/or low-income populations.
Certain NASA Centers have satellite facilities. Each Center
involved in such an arrangement should consider whether it would
be more effective and efficient to delegate to the satellite_
facility the responsibility for developing and implementing its
own EJ plan. , ' .
t
K. Mitigation and Monitoring
For existing activities and programs and new proposals that may
have disproportionately high and adverse human health or _
environmental effects on low-income populations and/or minority
populations, the Center or Headquarters Program Office^ as
applicable, will consider reasonable alternatives and mitigation
measures that will avoid or reduce such impacts. Prudent
mitigation measures will be implemented where appropriate.
During consideration -of the alternatives and mitigation, the
potentially affected low-income populations and minority
populations will be provided a reasonable opportunity to comment.
Where appropriate mitigation has been determined, methods, will be
instituted to ensure implementation and gauge the actual
effectiveness of such measures. Among the techniques that should^
be considered are
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; " 1. ' Specification of the mitigation in construction.and
i other appropriate contracts.. ' '
'; ' ' ' ' ' - ' ' ''.'''' .-'-.'
1 2. Field inspection of existing activities and
. .construction. . ; '. ,
! ' ' ' i:
: 3. Field environmental data collection and monitoring.
I |;
i 4. Convenient public access to Center environmental data,
1 " especially for the potentially affected populations.
i 5. Opinion surveys of affected low-income; and minority
! populations. '
; 6. Center environmental self-assessments,.1 with EJ as one
: of the focus areas. V
While.mitigation may Ultimately be necessary, NASA's first
priority will be pollution prevention. By changing processes and
materials used, often environmental hazards can ;!be eliminated or
substantially reduced. Not only does pollution 'prevention
benefit low-income populations and/of minority populations but
also the American public in general. Pollution prevention is the
cornerstone of NASA's environmental program.
'/'-, ' |, '
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LI Documentation
There is a need to document EJ-related information to improve
planning, ensure and demonstrate implementation< and record
progress towards the Agency's EJ goals. NASA'sjenvironmental
dc?cum,ents in which EJ may be incorporated are ass follows:
: 1. Center Environmental Resources Documeiit.
; 2. EIS's and EA's. \ - . . .
3. Geographic Information Systems (CIS).
i 4. Resource Conservation and Recovery Act and the
- \ ' Comprehensive Environmental Response, J Compensation, and
Liability Act. ' :. ,
Executive Order No. 12898 requires each Federal; agency to report.
its progress in implementing its agencywide EJ Strategy by
February 11, 1996, to the Interagency Working Group on
Environmental Justice. Federal agencies will provide additional
periodic reports as requested by that working group. When the
NASA EJ Coordinator is informed about the type bf data to be
requested, that information will be promptly communicated to the
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Center EJ Coordinators.
NASA will also report on any formal environmental research
projects with EJ implications that could (a) reduce or eliminate
duplication of research efforts, (b) minimize research costs, (c)
facilitate tracking and monitoring of dedicated resources, and
(d) promote the multidisciplinary research and sharing of
scientific information. All standardized NASA public reporting
formats will be available to both internal and external
stakeholders and will be accessible electronically.
M. NASA Demonstration EJ Initiatives
One NASA Center has volunteered to conduct demonstration projects
for situations identified which may have EJ implications. The
George C. Marshall Space Flight Center (MSFC) in Huntsville,
Alabama, conducts rocket motor testing, among other activities.
In addition, that Center contains a Superfund site on the
National Priorities List. NASA soon will enter into a Federal
Facilities Agreement with the EPA concerning cleanup of the MSFC
site. Management at MSFC plans an aggressive public outreach
campaign to ensure that the general public is aware_of (1) the
status of progress in Superfund remediation activities and (2)
proposed new activities, programs, and projects at the Center.
One of the communities in the vicinity of MSFC that may be
environmentally impacted by rocket motor testing is the town of
Triana, a community likely to have a substantial number of
residents covered by Executive Order No. 12898. MSFC intends to
initiate an information repository concerning proposed projects
and anticipated environmental impacts at the Triana Town Hall and
arrange meetings with town leaders and interested citizens on
rocket motor testing activities.
In addition to increasing awareness and input from minority
populations and/or low-income populations, MSFC plans to leverage
its environmental activities into an educational resource for
students from such groups. The Center is developing a GIS which
will contain a wide variety of environmental data and models for
predicting potential impacts related to Center activities. As an
integral part of this GIS, MSFC proposes to locate computer
workstations at a number of educational institutions in
neighboring localities. One site will be at the high school
serving the town of Triana. Another will be located at Jackson
State University, a Historically 'Black University. These
facilities will not only provide real-time access to ;
environmental information generated at MSFC and the status of
cleanup activities but also offer a tool to develop interest_and
skills in environmental science and engineering. Students will
be given the opportunity to analyze data and work with
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environmental models. The only limitation on th4ir use of the
CIS will be an inability to alter the actual datik generated by
MSFC's monitoring and other environmental activities.
N. Continuous Improvement
Flexibility and innovation are cornerstones of NASA's EJ
strategy. The NASA EJCC will develop a program,) in consultation
with NASA Centers, to promote the timely communibation of EJ
information and initiatives among the Centers. One element of
this program will be a mechanism for collecting and acting on
suggestions for improving the EJ strategy. f
: " ' ' '
Improving the process and effectively dealing wijbh' EJ concerns
are best accomplished by better understanding, the affected
populations' concerns and perception of NASA's strategy. Each
Center' s EJ Implementation Plan should include mjsthods for
obtaining feedback from affected low-income and/or minority
populations on the effectiveness of that strategy. Similarly,_
each Center's plan should contain a provision for periodic review
and adjustment, as appropriate.
O. Timetable for Implementation
/
"To! ensure that NASA addresses the concerns of
12:898 in a timely manner, the following
Executive
milestones
March 24, 1995: Final NASA EJ strategy will be
'Interagency Working Group.on Environmental Justice
distributed to NASA Centers.
provided to the
and
July 24. 1995: Each Center will provide the
its Draft EJ Implementation Plan. Each Center
the maximum extent practicable, substantial
from its activities that extend beyond the
EJCC
with a copy of
will identify, to
impacts
s boundaries.
envi ronmental
facility
September 24, 1995: The NASA EJCC will provide
Draft EJ Implementation Plans to each Center.
October 24. 1995: Each Center will finalize and initiate actions
defined in its EJ Implementation Plan..
Each Center will provide a timetable for
Implentation Plan.
Order No.
will be met:
comments on the
implementation in its EJ
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APPENDIX A
Executive Order 12898, Federal
Address Environmental Justice in
Populations and Low-Income
Populat
Actions to
Minority
ions
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Tedtrtl
Vol. 59. No. 32
Wedowdty. February 16. 1994
7629
Presidential Documents
Title
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 per-
mitted by law. and .consistent with the principles set forth in the report
on 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 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 Common wealth-of the- Mariana Islands.
' '-- . , " .1 '
1-102. Creation of an Interogency Working Croup 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 Environ-
mental 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; (!) 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; (1) 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 Adviseirs; 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.
r .
(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 popu-
lations; " i . -
(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; "i
(4) assist in coordinating data collection, required byllhis order.
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17630 Federal Register /. Vol."S9. No. 32 '/ Wednesday. February 16. 1934 / Presidential Docuraenti .. -^ '
. : ' - r- (5) examine existing dalii and studies on en vlronrrienUl Justice: :
- ' (6) hold" public meetings "as required in section 5-502(d) of this order.
* ' ,.- - - ~,*«d ''* - ''' I". ''''.
' >t . ..*.. ...-. (7) develop Intefagency model projects on environmental justice that evU
. * . - '."'"" dence 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 (bH») of this
.-.-- - section that Identifies and addresses disproportionately high and adverse
; - . human health or environmental effects of its programs,'policies, and activities
- .-- -- ' on"mInorUy populatiohs and low-income populations. The environmental
':. " Justice-strategy shall list programs, policies, planning and public particjpaUon
-"', -processes, enforcement, and/or rulemaklngs related to human health or the
.**. " environment that should be revised to. at a minimum: (l) promote enforot-
* - . .. . ment of all health and" environmental statutes In areas with minority popu-
.' -' - latlons 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) Identity
differential patterns of consumption of natural resources among minority
populations and low-income populations. In addition, the environmental
" Justice strategy shalf Include! where appropriate, a timetable for undertaking
- - - , .Identified revisions and consideration'of economic; and social Implications
".. *" . . of the revisions. -
- ' (b) AVIthln 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)Svithln 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.. '.'',.'''.:'"'' ".-.-.-' "
.. " " " 7 " ; ."(d) Within 10 months-of the date of this order, each Federal agency
"'" . . . . . shall provide the Working Group with Its -proposed environmental Justice
' ~ - " ",." \slrategy.-.. /* /'' . " *..- . .-.--..-
- * :*-' -.''"' i' ' V(e) Within" 12 months"of the date'of this."order, each' Federal agency.
*.'.. shall finalize Its environmental justice strategy end 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
.' 1-v ' -t . 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. .: .
.'-- . " (I)'Within 24 months "of the dale .of this order, each Federal agency
shall report to the WorklngVGroup on its progress In Implementing its
agency-wide environmental Justice strategy.
. -;..." (g) Federal agencies shall provide additional p'erlodic reports to the Work-
" "" "'-..- ing Group as requested by the Working Group. .
" ' 1-104. Reports to the President. Within 114 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 envlron-
' - . ' . mental justice strategies, described in section 1-103(e) of this order
Sec. .2-2.-FEDERAL AGEMCY RESPONSIBILITIES FOR FEDERAL PROGRAMS. Each
-: -. Federal agency shall conduct its programs, policies, and' activities that sub-
... ... " --- ' stantially affect human:!heaUh or the environment, in 'a manner that ensures
:-: ' --. "-" - 'foal such programs, policies, end activities do not have the effect;of excluding
" : »"".". ..". persons (including populations) from participation in. denying persons (in-
... r -:--;. - r^. ng pQpuiatjons) faQ behefils of. or subjecting persons (including popu-
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' - rerfefaJ-KegtoerV Vol. 59. No. 32 / Wednesday. February 16. 1994 / Presidential Documents
7631
"-
^ Jations) to discrimination under, such programs, policies, and activities.
because of thoir race, color, or national .origin. t
Sec, 3-3. RESEARCH, DATA COLLECTION, AND ANALYSIS. !
3~301< W«mon Health and Environmental Research and Analysis (a) Envi-
. ^"f?8/113,1 .""man health research, whenever practicable and appropriate.
*?. a" ],ncl u
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FedenJ Register / Vol. S9..No..32 /..Wednesday.' February 16
1994 /presidential Document,
u Gu'dance- Federal agencies, whenever prsclicable and appropriate
shall work In & coordinated manner to publish guidance reflecting the iS
scientific Information available concerning methods for evaluating the human
Ifirr^ as?ocla,!ed wlth jhe consumption of pbllutant-bcarlng fish or
wildlife. Agencies shall consider such guidance In developing the!? policies
and rules. ' . . r
Sec. 5-5. PUBLIC PARTICIPATION AND ACCESS TO INFORMATION, (a) The public
may submit recommendations lo Federal agencies relating to the Incorpora-
tion of environmental Justice principles into Federal agency programs or
Policies. Each Federal agency shall convey such recommendations to the
Working Group. .
(bj Each Federal agency may. whenever practicable and appropriate, trans-
late crucial public documents, notices, and hearings relating to human health
or the environment for limited English speaking populatloni.
(c) Each Federal agency shall work "to ensure that public documents.
notices, and hearings relating to human health or the environment are con'
else, understandable, and readily accessible lo the public.
ihldi,iU«cW°rVnf r°TP fha».hold P«Wic meetings, as appropriate, for
the purpose of fact-finding, receiving public comments, and conducting In-
fnr ?w£nCer? °8 envlronnienta1! !««««. The Working Group shall prepare
P? ^reVje£8 sum,maiy of the comments and recommendations dis-
cussed at the public meetings. . ...
Sec._C-6.. GENERAL PROVISIONS. '
. The head of each Federal
dl o WSFi°nSibie forf ensur\n8 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.
«,,^SJ2' ^Ctfu//vp .°rdef N?' "25°- This Executive order is intended to
supplement but 501 supersede Executive Order No. 12250, which requires
consistent and effective implementation of various laws prohibiting discrimi-
heroS ?SS Tmn f.^^f.^ceiving Federal financiaf assistancl Nothing
herein shall limit the effect or mandate of Executive Order No. 12250.
n Otdel No-t12B7S- Th« Executive order is not intended
t the effect or mandate of Executive Order No. 12875.
nnl4 wC°ff' *£ PurP°ses of «t[s order. Federal agency means any agency
on fe Working Group, and such other agencies as may be designate?
«al v^SS?^' ^V00*"5 82y Federal pr°Srara or acUv»y ttrtwKS
tially effects human healah or the environment. Independent agencies are
.requested to comply with the provisions of this order. ^nwes are
should
s- Pe hefd of Federa1
11 cxemP'10" from lhB requirements of this order on
i?" ?f S?ume °f l^C P-?lilIonin8 agency's programs or activities
subject to the requirements .of this order.
fn ^ni?rfco" P'OB">- E«ch 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 Workine
Group, and. after consultation with tribal leaders, shall coordinate step!
Tribes! pursuan? lo lhls order tbat acldress Federally-recognized Indian
6-6D7. Gtsts. Unless othenvise provided. by law. Federal agencies shall
assume the financial costs of complying with this order.
C-C08.Ce/icnj/. Federal agencies shall implement this order, consistent
with, and to the extent permitted by, existing law.
G-C09. 'judicial Renew. 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
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Federal Register / Vol: S9. No. 32 / Wednesday. February 16. 19&4 / Presidential PocurnenU 7633
' . -. enforceable at law or equity by a party against the United States, Us agencies,
Its officers, or any person. This order shall not be construed to create
''.. *nv r*gkt to Judicial review Involving the compliance or noncompliance
* of the Unitea States, Its agencies. Its officers, or any other person with
this order.
TX Doe. M-96U !
1-14-94; 3.1)7 praj
THE WHITE.HOUSE,
February 11, 1994.
Edilori*! nolc: For lh« memonndurn that wis cancuncntly issued
program reform, set Issue No. 6 of \he.WeekJy Compilation of I
Presides tioJ Documents.
on Feden) nvirancneatil
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1
APPENDIX B
Presidential Memorandum for the Heads of
Departments and Agencies, dated
February 11, 1994; Subject: Executive Order
Federal Actions to Address Environmental
in Minority Populations and Low-
Populations
on
Justice
Income
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02-15-1994 16:16
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NASA HQ - CODE ACC
P.02
!5 PM052
THE WHITE HOUSE
WASHINGTON
February 11, 1994
MEMORANDUM FOR THE HEADS OP ALL DEPARTMENTS A!ND 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 nondiscriraination 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 communi-
ties 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 low-income communities. Application of these
existing statutory provisions is an important part of this
Administration1 s efforts to prevent those minority communities
and low-income communities from being subject; to dispropor-
tionately 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 Rights 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.
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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 5.969 (NEPA), 42 U.S.C.
section 4321 et sea. 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 low-income
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 7609, 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 tha Freedom of Information Act, 5 U.S.C.
section 552, the Sunshine Act, S U.S.C. section 552b, and the
Emergency Planning and Community Right-to-Know Act, 42 U.S.C.
section 11044.
* * *
This memorandum is intended only to improve the ?.nternal
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.
FEE 15 '94 16:23 , . ?:: 202 358 2801 PflGE.004
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