Sec. 15. Strengthening Community Protections under the National Environmental Policy Act of 1969

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The National Environmental Policy Act of 1969 is amended by inserting after section 2 ( 42 U.S.C. 4321 ) the following: In this Act: The terms effect and impact mean changes to the human environment from a proposed action or alternatives that are reasonably foreseeable, including 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 occur later in time or farther removed in distance, but are still reasonably foreseeable, and 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 or person undertakes those other actions, and 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, historical, cultural, economic, social, or health effects, whether direct, indirect, or cumulative, including effects resulting from actions that 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 , with respect to a household, means that the 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. 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 and Indigenous community; or at least 40 percent of the households have limited English proficiency.

The term Tribal and Indigenous community means 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; or any other community of Indigenous people located in a State. . 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— in the matter preceding paragraph (1), by striking The Congress authorizes and directs that, to the fullest extent possible: and inserting Congress authorizes and directs that, notwithstanding any other provision of law and to the fullest extent possible: ; in paragraph (2)— in subparagraph (A)— by striking insure and inserting ensure ; and by striking man’s and inserting the human ; in subparagraph (B), by striking insure and inserting ensure ; and in subparagraph (C)— by striking clause

(iii)and inserting the following: a reasonable range of alternatives that— are technically feasible, are economically feasible, and 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 where the agency determines that an alternative will serve a compelling public interest in the affected overburdened community with conditions to protect public health, ; and in clause (iv), by striking man’s and inserting the human ; in subparagraph (E), by inserting that are consistent with subparagraph (C)(3) after describe appropriate alternatives ; and in subparagraph (F), by striking mankind’s and inserting humankind’s .

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42 USC 4321
42 USC 4331(a)
42 USC 4332

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Sec. 15

Strengthening Community Protections under the National Environmental Policy Act of 1969

Cite42 USC 4321

Cite42 USC 4331(a)

Cite42 USC 4332

Cites 3Cited by 0 across 0 sources