Sec. 3. Definitions

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In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term Advisory Council means the National Environmental Justice Advisory Council established by the President under section 18. 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 19. The term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located:

Black. African American. Asian. Pacific Islander. Other non-White race. Hispanic. Latino. Linguistically isolated. The term covered agency means an agency described in section 8(c). 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 people regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys— the same degree of protection from environmental and health hazards; and equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate.

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 environmental law includes laws such as the Clean Air Act ( 42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), the Energy Policy Act of 2005, the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), the Pollution Prevention Act of 1990 ( 42 U.S.C. 13101 et seq.), the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.), the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq.), and the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq.).

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 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 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 community means any census block group in which 30 percent or more of the population are individuals with 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 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 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 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 Tribal Government means the governing body of an Indian Tribe. The term Working Group means the Interagency Working Group on Environmental Justice Compliance and Enforcement established by the President under section 8.

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