Sec. 9. Federal agency actions and responsibilities
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Each Federal agency that participates in the Working Group shall conduct each program, policy, practice, and activity of the Federal agency that adversely affects, or has the potential to adversely affect, human health or the environment in a manner that ensures that each such program, policy, practice, or activity does not have an effect of excluding any individual from participating in, denying any individual the benefits of, or subjecting any individual to discrimination or disparate impact under, such program, policy, practice, or activity of the Federal agency because of the race, color, national origin, or income level of the individual.
Not later than 2 years after the date of enactment of this Act, and after notice and opportunity for public comment, each Federal agency that participates in the Working Group shall develop and finalize an agencywide environmental justice strategy that— identifies staff to support implementation of the Federal agency’s environmental justice strategy; identifies and addresses any disproportionately high or adverse human health or environmental effects of its programs, policies, practices, and activities on— communities of color; low-income communities; and Tribal and indigenous communities; and complies with each requirement described in paragraph (2).
Each environmental justice strategy developed by a Federal agency under paragraph
(1)shall contain— an assessment that identifies each program, policy, practice, and activity (including any public participation process) of the Federal agency, relating to human health or the environment that the Federal agency determines should be revised— to ensure that all persons have the same degree of protection from environmental and health hazards; to ensure meaningful public involvement and due process in the development, implementation, and enforcement of all Federal laws; to improve direct guidance and technical assistance to environmental justice communities with respect to the understanding of the science, regulations, and policy related to Federal agency action on environmental justice issues; to improve cooperation with State governments, Tribal Governments, and local governments to address pollution and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities; to improve Federal research and data collection efforts related to— the health and environment of communities of color, low-income communities, and Tribal and indigenous communities; climate change; and the inequitable distribution of burdens and benefits of the management and use of natural resources, including water, minerals, or land; and to reduce or eliminate disproportionately adverse human health or environmental effects on communities of color, low-income communities, and Tribal and indigenous communities; and a timetable for the completion of— each revision identified under subparagraph (A); and an assessment of the economic and social implications of each revision identified under subparagraph (A). Not later than 2 years after the finalization of an environmental justice strategy under this subsection, and annually thereafter, a Federal agency that participates in the Working Group shall submit to the Working Group a report describing the progress of the Federal agency in implementing the environmental justice strategy of the Federal agency. In addition to the annual reports described in subparagraph (A), upon receipt of a request from the Working Group, a Federal agency shall submit to the Working Group a report that contains such information as the Working Group may require. Not later than 5 years after the date of enactment of this Act, each Federal agency that participates in the Working Group shall— evaluate and revise the environmental justice strategy of the Federal agency; and submit to the Working Group a copy of the revised version of the environmental justice strategy of the Federal agency. The head of a Federal agency may submit to the President a petition for an exemption of any requirement described in this section with respect to any program or activity of the Federal agency if the head of the Federal agency determines that complying with such requirement would compromise the agency’s ability to carry out its core missions. Each petition submitted by a Federal agency to the President under subparagraph
(A)shall be made available to the public (including through a description of the petition on the website of the Federal agency). In determining whether to grant a petition for an exemption submitted by a Federal agency to the President under subparagraph (A), the President shall make a decision that reflects both the merits of the specific case and the broader national interest in breaking cycles of environmental injustice, and shall consider whether the granting of the petition would likely— result in disproportionately adverse human health or environmental effects on communities of color, low-income communities, and Tribal and indigenous communities; or exacerbate, or fail to ameliorate, any disproportionately adverse human health or environmental effect on any community of color, low-income community, or Tribal and indigenous community. Not later than 90 days after the date on which the President approves a petition under this paragraph, an individual may appeal the decision of the President to approve the petition. To appeal a decision of the President under subparagraph (A), an individual shall submit a written appeal to— the Council on Environmental Quality; the Deputy Assistant to the President for Environmental Policy; or the Assistant to the President for Domestic Policy. A written appeal shall contain a description of each reason why the exemption that is the subject of the petition is unnecessary. Not later than 90 days after the date on which an official described in clause (ii)(I) receives a written appeal submitted by an individual under that clause, the President shall provide to the individual a written notification describing the decision of the President with respect to the appeal. Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall— in conducting environmental, public access, or human health research, include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards such as communities of color, low-income communities, and Tribal and indigenous communities; in conducting environmental or human health analyses, identify multiple and cumulative exposures, including potentially exacerbated risks due to current and future climate impacts; and actively encourage and solicit community-based science, and provide to communities of color, low-income communities, and Tribal and indigenous communities the opportunity to comment on and participate in the development and design of research strategies carried out pursuant to this Act. To the maximum extent practicable and permitted by applicable law (including section 552a of title 5, United States Code (commonly known as the Privacy Act )), each Federal agency shall— collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, income, or other readily available and appropriate information; and use that information to determine whether the programs, policies, and activities of the Federal agency have disproportionally adverse human health or environmental effects on communities of color, low-income communities, and Tribal and indigenous communities. In connection with the implementation of Federal agency environmental justice strategies under subsection (b), each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for communities of color, low-income communities, and Tribal and indigenous communities in proximity to any facility or site expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if the facility or site becomes the subject of a substantial Federal environmental administrative or judicial action. Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for communities of color, low-income communities, and Tribal and indigenous communities in proximity to any facility of the Federal agency that is— subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986 ( 42 U.S.C. 11001 et seq.), as required by Executive Order 12856 ( 42 U.S.C. 4321 note); and expected to have a substantial environmental, human health, or economic effect on surrounding populations. Each Federal agency shall develop, publish (unless prohibited by law), and revise, as practicable and appropriate, guidance on actions of the Federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence. The guidance described in paragraph
(1)shall— reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife; and publish the risks of such consumption patterns. The Administrator shall make available to the public an environmental justice mapping and screening tool (such as EJScreen or an equivalent tool) that includes, at a minimum, the following features: Nationally consistent data. Environmental data. Demographic data, including data relating to race, ethnicity, and income. Capacity to produce maps and reports by geographical area. Data on national parks and other federally protected natural, historic, and cultural sites. Any person may commence a civil action— to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). In carrying out this section, each Federal agency, to the maximum extent practicable and permitted by applicable law, 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. Sections II and III of the guidance issued by the Council on Environmental Quality entitled Environmental Justice Guidance Under the National Environmental Policy Act and dated December 10, 1997, are enacted into law. The guidance issued by the Environmental Protection Agency entitled EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights and dated February 2016 is enacted into law.
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