Sec. 609. Avoidance of cumulative impacts through NEPA
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Section 101(a) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331(a) ) is amended— by striking man’s and inserting human ; and by striking man each place it appears and inserting humankind . Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) is amended— by striking The Congress authorizes and directs that, to the fullest extent possible: and inserting The Congress authorizes and directs that, notwithstanding any other provision of law and to the fullest extent possible: ; and in paragraph (2)— in subparagraph (A), by striking man’s and inserting the human ; in subparagraph (C)— in clause (iii), by inserting and that, where applicable, do not cause or contribute to adverse cumulative effects, including effects caused by exposure to environmental pollution, on an overburdened community that are higher than those borne by other communities within the State, county, or other geographic unit of analysis as determined by the agency preparing or having taken primary responsibility for preparing the environmental document pursuant to this Act, except that where the agency determines that an alternative will serve a compelling public interest in the affected overburdened community with conditions to protect public health after purpose and need of the proposal ; and in clause (iv)— by striking man’s and inserting humankind’s ; and by striking the and at the end; in subparagraph (F), by inserting that are consistent with subparagraph (C)(iii) after feasible alternatives ; and in subparagraph (I), by striking mankind’s and inserting humankind’s .
Section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ) is amended— by redesignating paragraphs (10), (11), (12), and
(13)as paragraphs (13), (15), (16), and (17), respectively; by inserting after paragraph
(9)the following: The terms effect and impact mean changes to the human environment from the proposed action or alternatives that are reasonably foreseeable and include the following: Direct effects, which are caused by the action and occur at the same time and place. Indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. Cumulative effects, which are effects on the environment that result from the incremental effects of the action when added to the effects of other past, present, and reasonably foreseeable actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time. Effects that are ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or cumulative. Effects may also include those resulting from actions which may have both beneficial and detrimental effects, even if on balance the agency believes that the effects will be beneficial. The term limited English proficiency means that a household does not have an adult that speaks English very well according to the United States Census Bureau. The term low-income household means a household that is at or below twice the poverty threshold as that threshold is determined annually by the United States Census Bureau. ; by inserting after paragraph (13), as so redesignated, the following: The term overburdened community means any census block group, as determined in accordance with the most recent United States Census, in which— at least 35 percent of the households qualify as low-income households; at least 40 percent of the residents identify as minority or as members of a Tribal or Indigenous community; or at least 40 percent of the households have limited English proficiency. ; and by adding at the end the following: The term Tribal or Indigenous community means a community 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; or any other community of Indigenous people located in a State or territory of the United States. .
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