Sec. 11001. Definitions

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In this title: The term Administrator means the Administrator of the Environmental Protection Agency. The term Advisory Council means the National Environmental Justice Advisory Council described in section 11009. The term aggrieved person means a person aggrieved by discrimination on the basis of race, color, or national origin. The term Clearinghouse means the Environmental Justice Clearinghouse established by the Administrator under section 11007. The term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located.

The term community-based science means voluntary public participation in the scientific process and the incorporation of data and information generated outside of traditional institutional boundaries to address real-world problems in ways that may include formulating research questions, conducting scientific experiments, collecting and analyzing data, interpreting results, making new discoveries, developing technologies and applications, and solving complex problems, with an emphasis on the democratization of science and the engagement of diverse people and communities.

The term demonstrates means meets the burdens of going forward with the evidence and of persuasion. The term Director means the Director of the National Institute of Environmental Health Sciences. The term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination because of their race, color, or national origin. The term disproportionate burden of adverse human health or environmental effects means a situation where there exists higher or more adverse human health or environmental effects on communities of color, low-income communities, and Tribal and indigenous communities.

The term environmental justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, culture, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that— populations of color, communities of color, Tribal and indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning, regulations, and enforcement;

Each population of color or community of color, Tribal and indigenous community, or low-income community enjoy the same degree of protection from pollution or other environmental and health hazards; and the 17 Principles of Environmental Justice written and adopted at the First National People of Color Environmental Leadership Summit held on October 24 through 27, 1991, in Washington, DC, are upheld. The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects.

The term fair treatment means the conduct of a program, policy, practice or activity by a Federal agency in a manner that ensures that no group of individuals (including racial, ethnic, or socioeconomic groups) experience a disproportionate burden of adverse human health or environmental effects resulting from such program, policy, practice, or activity, as determined through consultation with, and with the meaningful participation of, individuals from the communities affected by a program, policy, practice or activity of a Federal agency.

The term Federal agency means— each Federal agency represented on the Working Group; and any other Federal agency that carries out a Federal program or activity that substantially affects human health or the environment, as determined by the President. The term Tribal and indigenous community refers to a population of people who are members of— a federally recognized Indian Tribe; a State-recognized Indian Tribe; an Alaska Native or Native Hawaiian community or organization; and any other community of indigenous people located in a State.

The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term infrastructure means any system for safe drinking water, sewer collection, solid waste disposal, electricity generation, communication, or transportation access (including highways, airports, marine terminals, rail systems, and residential roads) that is used to effectively and safely support— housing; an educational facility; a medical provider; a park or recreational facility; or a local business.

The term local government means— a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate governmental entity, or agency or instrumentality of a local government; or an Indian Tribe or authorized Tribal organization, or Alaska Native village or organization, that is not a Tribal Government.

The term low income means an annual household income equal to, or less than, the greater of— an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and 200 percent of the Federal poverty line. The term low income community means any census block group in which 30 percent or more of the population are individuals with low income. The term meaningful , with respect to involvement by the public in a determination by a Federal agency, means that— potentially affected residents of a community have an appropriate opportunity to participate in decisions regarding a proposed activity that will affect the environment or public health of the community; the public contribution can influence the determination by the Federal agency; the concerns of all participants involved are taken into consideration in the decision-making process; and the Federal agency— provides to potentially affected members of the public relevant and accurate information regarding the activity potentially affecting the environment or public health of affected members of the public; and facilitates the involvement of potentially affected members of the public.

The term population means a census block group or series of geographically contiguous blocks representing certain common characteristics, such as (but not limited to) race, ethnicity, national origin, income-level, health disparities, or other public health and socioeconomic attributes. The term population of color means a population of individuals who identify as— Black; African American; Asian; Pacific Islander; another non-White race; Hispanic; Latino; or linguistically isolated.

The term publish means to make publicly available in a form that is— generally accessible, including on the internet and in public libraries; and accessible for— individuals who are limited in English proficiency, in accordance with Executive Order No. 13166 (65 Fed. Reg. 50121 (August 16, 2000)); and individuals with disabilities. The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

The term Tribal Government means the governing body of an Indian Tribe. The term Working Group means the interagency Federal Working Group on Environmental Justice convened under section 1–102 of Executive Order No. 12898 ( 42 U.S.C. 4321 note), as amended by Executive Order No. 12948 (60 Fed. Reg. 6381 (January 30, 1995)) and modified by this title. The term climate justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, culture, national origin, educational level, or income, with respect to the development, implementation, and enforcement of policies and projects that address climate change, a recognition of the historical responsibilities for climate change, and a commitment that the people and communities least responsible for climate change, and most vulnerable to the impacts of climate change, do not suffer disproportionately as a result of historical injustice and disinvestment.

The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and— is created through the action of natural physical, geological, biological, and chemical processes over time; is created by human design, engineering, and construction to emulate or act in concert with natural processes; or involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

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