Sec. 606. Requirement for community impact reports
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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 environmental and public health impacts faced by such communities. A lead agency proposing to take a Federal action shall prepare and make publicly available a community impact report that assesses the potential for the proposed Federal action to have adverse environmental and public health impacts on environmental justice communities. A community impact report described in paragraph
(1)shall— assess the degree to which the proposed Federal action has the potential to cause multiple exposures or cumulative exposure to human health or environmental hazards that influence, exacerbate, or contribute to adverse health outcomes of any affected environmental justice communities; assess relevant public health data and industry data concerning how the proposed Federal action may affect the potential for multiple exposures or cumulative exposure to human health or environmental hazards in the geographic area of the affected environmental justice community; assess legacy pollution in the geographic area of any affected environmental justice community, including historical patterns of exposure to human health or environmental hazards; assess the impact of the proposed Federal action on the ability of any affected environmental justice community to access public parks, outdoor spaces, and public recreation opportunities; evaluate alternatives to and mitigation measures for the proposed Federal action that will— eliminate or reduce any exposure to human health and environmental hazards assessed under clause
(i)to a level that is reasonably expected to avoid human health impacts from such exposure in the geographic area of any affected environmental justice community; and not negatively impact the ability of any affected environmental justice community to access public parks, outdoor spaces, and public recreation opportunities; analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need to which the agency is responding in proposing the alternatives, including the proposed action; assess the impact of the proposed Federal action on access to reliable energy and on electricity prices for low-income communities, minority communities, Indian Tribes, and senior citizens; assess the impact of the proposed Federal action on the potential for drought, domestic food availability, and domestic food prices; and assess the impact of the proposed Federal action on the ability of the Federal Government to achieve the carbon pollution reduction and elimination goals established under Executive Order 14057 (86 Fed. Reg. 70935; relating to Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability). In assessing, evaluating, and analyzing the matters described in clauses
(i)through
(vi)of subparagraph (A), the lead agency shall assess multiple and cumulative effects, including effects that are not within the control of the lead agency or any participating Federal agencies. A lead agency may not delegate responsibility for the preparation of a community impact report described in paragraph
(1)to any non-Federal entity. This paragraph does not affect the ability of a lead agency to enter into a contract with a third party to assist with the preparation of a community impact report described in paragraph (1). Any determination by a lead agency related to any assessment, evaluation, or analysis included in a community impact report described in paragraph
(1)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. ).
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- 86 FR 70935
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Sec. 606
Requirement for community impact reports
Fed. Reg.86 FR 70935
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