Sec. 14. Protections for environmental justice communities against harmful Federal actions
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The purpose of this section is to establish additional protections relating to Federal actions affecting environmental justice communities in recognition of the disproportionate burden of adverse human health or environmental effects faced by such communities. In this section: The term environmental impact statement means the detailed statement of environmental impacts of a proposed action required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
The term Federal action means a proposed action that requires the preparation of an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). A Federal agency proposing to take a Federal action that has the potential to cause negative environmental or public health impacts on an environmental justice community shall prepare a community impact report assessing the potential impacts of the proposed action.
A community impact report described in subsection
(c)shall— assess the degree to which a proposed Federal action affecting an environmental justice community will cause multiple or cumulative exposure to human health and environmental hazards that influence, exacerbate, or contribute to adverse health outcomes; assess relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards in the area of the environmental justice community and historical patterns of exposure to environmental hazards and Federal agencies shall assess these multiple, or cumulative effects, even if certain effects are not within the control or subject to the discretion of the Federal agency proposing the Federal action; assess the impact of such proposed Federal action on such environmental justice community’s ability to access public parks, outdoor spaces, and public recreation opportunities; evaluate alternatives to or mitigation measures for the proposed Federal action that will— eliminate or reduce any identified exposure to human health and environmental hazards described in paragraph
(1)to a level that is reasonably expected to avoid human health impacts in environmental justice communities; and not negatively impact an environmental justice community’s ability to access public parks, outdoor spaces, and public recreation opportunities; and analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need of the proposed action. Federal agencies shall not delegate responsibility for the preparation of a community impact report described in subsection
(c)to any other entity. When carrying out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for a proposed Federal action that may affect an environmental justice community, a Federal agency shall— consider all potential direct, indirect, and cumulative impacts caused by the action, alternatives to such action, and mitigation measures on the environmental justice community required by that Act; require any public comment period carried out during the scoping phase of the environmental review process to be not less than 90 days; provide early and meaningful community involvement opportunities by— holding multiple hearings in such community regarding the proposed Federal action in each prominent language within the environmental justice community; and providing notice of any step or action in the process under that Act that involves public participation to any representative entities or organizations present in the environmental justice community, including— local religious organizations; civic associations and organizations; business associations of people of color; environmental and environmental justice organizations, including community-based grassroots organizations led by people of color; homeowners’, tenants’, and neighborhood watch groups; local governments and Tribal Governments; rural cooperatives; business and trade organizations; community and social service organizations; universities, colleges, and vocational schools; labor and other worker organizations; civil rights organizations; senior citizens’ groups; and public health agencies and clinics; and provide translations of publicly available documents made available pursuant to that Act in any language spoken by more than 5 percent of the population residing within the environmental justice community. Any notice provided under subsection (f)(3)(B) shall be provided— through communication methods that are accessible in the environmental justice community, which may include electronic media, newspapers, radio, direct mailings, canvassing, and other outreach methods particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and at least 30 days before any hearing in such community or the start of any public comment period. For any proposed Federal action affecting an environmental justice community requiring the preparation of an environmental impact statement, the Federal agency shall provide the following information when giving notice of the proposed action: A description of the proposed action. An outline of the anticipated schedule for completing the process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), with a description of key milestones. An initial list of alternatives and potential impacts. An initial list of other existing or proposed sources of multiple or cumulative exposure to environmental hazards that contribute to higher rates of serious illnesses within the environmental justice community. An agency point of contact. Timely notice of locations where comments will be received or public meetings held. Any telephone number or locations where further information can be obtained. When carrying out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for a proposed Federal action that may affect an Indian Tribe, a Federal agency shall— seek Tribal representation in the process in a manner that is consistent with the government-to-government relationship between the United States and Tribal Governments, the Federal Government’s trust responsibility to federally recognized Indian Tribes, and any treaty rights; ensure that an Indian Tribe is invited to hold the status of a cooperating agency throughout the process under that Act for any proposed action that could impact an Indian Tribe, including actions that could impact off reservation lands and sacred sites; and invite an Indian Tribe to hold the status of a cooperating agency in accordance with paragraph
(2)not later than the date on which the scoping process for a proposed action requiring the preparation of an environmental impact statement commences. Federal agency determinations about the analysis of a community impact report described in subsection
(c)shall be subject to judicial review to the same extent as any other analysis performed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). This section shall take effect 1 year after the date of enactment of this Act. Nothing in this section diminishes— any right granted through the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) to the public; or the requirements under that Act to consider direct, indirect, and cumulative impacts.
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Sec. 14
Protections for environmental justice communities against harmful Federal actions
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