[CPEO-MEF] FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY

[hdqrs@worldnet.att.net]

POPULATIONS

As you read the following Presidential EO you may want to ask why the GSA
and the Army are trying so hard to keep the United Tribe of Shawnee Indians
out of Section 106 of the National Historic Preservation Act of 1966 (NHPA)
as the Act applies to SFAAP. 

When:

The United Tribe of Shawnee Indians are recognized by Treaties, that have
been negotiated with the President, Ratified by the Senate and confirmed by
the United States Supreme Court.

And when:

SFAAP is located with the bounds of the United Tribe of Shawnee Indians
reservation as established by our 1825, 1831 and 1853 Shawnee treaties with
the United States.

Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians
*********************************************
EXECUTIVE                                                EO 12898
ORDER                           Effective Date  February 11, 1994
_________________________________________________________________

Responsible Office:  Y

Subject:  FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY
POPULATIONS AND LOW-INCOME POPULATIONS

TEXT

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 activitieson
monitoring populations and low-income populations in the United States and
its territories and possessions, the District of Columbia, the Commonwealth
of Puerto Rico, and the Commonwealth of the Mariana Islands.

     1-102. Creation of an Interagency Working Group on Environmental
Justice (a) Within 3 months of the date of this order, the Administrator of
the Environmental Protection Agency ("Administrator") or the
Administrator's designee shall convene an interagency Federal Working Group
on Environmental Justice ("Working Group").  The Working Group shall
comprise the heads of the following executive agencies and offices, or
their designees:  
(a) Department of Defense; (b) Department of Health and Human Services; (c)
Department of Housing and Urban Development; (d) Department of Labor; (e)
Department of Agriculture; (f) Department of Transportation; (g) Department
of Justice; (h) Department of the Interior; (i) Department of Commerce; (j)
Department of Energy; (k) Environmental Protection Agency; (l) Office of
Management and Budget; (m) Office of Science and Technology Policy; (n)
Office of the Deputy Assistant to the President for Environmental Policy;
(o) Office of the Assistant to the President for Domestic Policy; (p)
National Economic Council; (q) Council of Economic Advisers; and (r) such
other Government officials as the President may designate.  The Working
Group shall report to the President through the Deputy Assistant to the
President for Environmental Policy and the Assistant to the President for
Domestic Policy.

     (b) The Working Group shall: (1) provide guidance to Federal agencies
on criteria for identifying disproportionately high and adverse human
health or environmental effects on minority populations and low-income
populations;

     (2)  coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency as it develops an environmental
justice strategy as required by section 1-103 of this order, in order to
ensure that the administration, interpretation and enforcement of programs,
activities and policies are undertaken in a consistent manner;

     (3)  assist in coordinating research by and stimulating cooperation
among, the Environmental Protection Agency, the Department of Health and
Human Services, the Department of Housing and Urban Development, and other
agencies conducting research or other activities in accordance with section
3-3 of this order.

     (4)  assist in coordinating data collection, required by this order;

     (5)  examine existing data and studies on environmental justice;

     (6)  hold public meetings as required in section 5-502(d) of this
order; and

     (7)  develop interagency model projects on environmental justice that
evidence cooperation among Federal agencies.

     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 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 shll 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 environmental 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, it 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.

http://nodis.hq.nasa.gov/Library/Directives/NASA-WIDE/nasaeoas/eo12898.html


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