117 HR 5118 EH: Wildfire Response and Drought Resiliency Act U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB 117th CONGRESS2d Session H. R. 5118 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Agriculture and the Secretary of the Interior to prioritize the completion of the Continental Divide National Scenic Trail, and for other purposes.

1.

Short title

This Act may be cited as the Wildfire Response and Drought Resiliency Act.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Determination of budgetary effects. Division A—Wildfire Title I—Federal Lands Workforce Subtitle A—Federal Wildland Firefighters Sec. 101. Tim Hart Wildland Firefighter Pay Parity. Sec. 102. Waiver of premium pay limitations for certain employees engaged in emergency wildland fire suppression activities. Sec. 103. Direct hire authority. Subtitle B—Authorization of Appropriations for Forest Service Fire and Non-Fire Salaries and Expenses Sec. 111. In general. Subtitle C—Other Personnel Sec. 121. National Environmental Policy Act strike teams. Sec. 122. Community mitigation assistance teams. Sec. 123. Filling Forest Service recreation management staff vacancies. Sec. 124. Filling vacancies and increasing number of positions available in the Forest Service to address public safety and protection concerns. Title II—Wildfire, Ecosystem Protection, Community Preparedness, and Recovery Subtitle A—10–Year National Wildfire Plan Sec. 201. Definitions. Sec. 202. Implementation of 10-year National Wildfire Plan. Sec. 203. Selection and implementation of landscape-scale forest restoration projects. Sec. 204. Youth and conservation corps assistance with projects under the Plan. Sec. 205. Prescribed fire training exchanges. Sec. 206. Ecosystem restoration grant fund through National Fish and Wildlife Foundation. Sec. 207. National community capacity and land stewardship grant program. Sec. 208. Protection of inventoried roadless areas. Sec. 209. Strategic wildland fire management planning for prescribed fire. Sec. 210. Long-Term Burned Area Recovery account. Sec. 211. Report on 10-year National Wildfire Plan implementation. Sec. 212. Performance metrics tracking. Subtitle B—Tribal Biochar Promotion Sec. 221. Tribal and Alaska Native Biochar demonstration project. Title III—Other Matters Sec. 301. Requirements relating to certain fire suppression cost share agreements. Sec. 302. Investment of certain funds into interest bearing obligations. Sec. 303. Study on crop losses. Sec. 304. Study on use of CH–47 Chinooks to respond to wildfires. Division B—Drought Title I—Drought Response and Climate Resilience Sec. 101. Advancing large-scale water recycling and reuse projects. Sec. 102. Salton Sea projects improvements. Sec. 103. Near-term actions to preserve Colorado River system. Sec. 104. WaterSMART access for Tribes. Sec. 105. Reclamation water settlements fund. Sec. 106. Bureau of Reclamation Tribal clean water assistance. Sec. 107. White Mountain Apache Tribe Rural Water System. Sec. 108. Desalination research authorization. Sec. 109. Water Resources Research Act amendments. Sec. 110. Saline Lake ecosystems in the Great Basin States Assessment and Monitoring Program. Sec. 111. Extension of authorizations related to fish recovery programs. Sec. 112. Reclamation climate change and water program. Sec. 113. Authorization of appropriations for the Las Vegas Wash program. Sec. 114. Terminal lakes assistance. Sec. 115. Expedited measures for drought response. Sec. 116. Water efficiency, conservation, and sustainability. Sec. 117. Shoring up electricity generation and reducing evaporation at Bureau of Reclamation facilities. Title II—FUTURE Western Water and Drought Resiliency Sec. 201. Short title. Sec. 202. Definitions. Subtitle A—Assistance for Projects with Fastest Construction Timelines Sec. 211. Water recycling and reuse projects. Sec. 212. Desalination project development. Sec. 213. Assistance for disadvantaged communities without adequate drinking water. Subtitle B—Improved Water Technology and Data Sec. 221. X-prize for water technology breakthroughs. Sec. 222. Water technology investment program established. Sec. 223. Federal priority streamgages. Subtitle C—Drought Response and Preparedness for Ecosystems Sec. 231. Aquatic ecosystem restoration program. Sec. 232. Watershed health program. Sec. 233. Waterbird habitat creation program. Sec. 234. Support for refuge water deliveries. Sec. 235. Drought planning and preparedness for critically important fisheries. Sec. 236. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000. Sec. 237. Sustaining biodiversity during droughts. Sec. 238. Water resource education. Title III—Open Access Evapotranspiration Data Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Findings. Sec. 304. Open Access Evapotranspiration (OpenET) Data Program. Sec. 305. Report. Sec. 306. Authorization of appropriations. Title IV—Colorado River Indian Tribes Water Resiliency Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Definitions. Sec. 404. Lease or exchange agreements. Sec. 405. Storage agreements. Sec. 406. Agreements for creation of water for the Colorado River System or for Storing Water in Lake Mead. Sec. 407. Secretarial approval; disapproval; agreements. Sec. 408. Responsibilities of the Secretary. Sec. 409. Agreement between the CRIT and the State. Sec. 410. Agreement between the CRIT, the State, and the Secretary. Sec. 411. No effect on the CRIT decreed allocation. Sec. 412. Allottee use of water. Sec. 413. Consideration paid to the CRIT. Sec. 414. Liability of the United States. Sec. 415. Application. Sec. 416. Rule of construction. Title V— Hualapai Tribe Water Rights Settlement Sec. 501. Short title. Sec. 502. Purposes. Sec. 503. Definitions. Sec. 504. Ratification and execution of Hualapai Tribe water rights settlement agreement. Sec. 505. Water rights. Sec. 506. Hualapai Water Trust Fund Account; construction of Hualapai water project; funding. Sec. 507. Authorizations of appropriations. Sec. 508. Environmental compliance. Sec. 509. Waivers, releases, and retentions of claims. Sec. 510. Satisfaction of water rights and other benefits. Sec. 511. Land added to Hualapai Reservation. Sec. 512. Trust land. Sec. 513. Reallocation of CAP NIA Priority Water; Firming; Water Delivery Contract; Colorado River Accounting. Sec. 514. Enforceability date. Sec. 515. Administration. Title VI—Water Data Sec. 601. Definitions. Sec. 602. National water data framework. Sec. 603. Water Data Council. Sec. 604. Advisory Committee on Water Information. Sec. 605. Water data grant program. Sec. 606. Authorization of appropriations. Title VII—Nogales Wastewater Improvement Sec. 701. Short title. Sec. 702. Amendments to the Act of July 27, 1953. Sec. 703. Nogales sanitation project. Title VIII—Rio Grande Water Security Sec. 801. Short title. Subtitle A—Rio Grande Water Security Sec. 811. Definitions. Sec. 812. Integrated water resources management plan for the Rio Grande Basin. Sec. 813. Rio Grande Basin Working Group. Sec. 814. Effect of subtitle. Subtitle B—Pueblo Irrigation Sec. 821. Reauthorization of Pueblo irrigation infrastructure grants. Division C—Other Fire, Drought, and Extreme Weather Programs Title I—Infrastructure, Energy, and Assistance Sec. 101. Natural Disaster Grid Mitigation Map. Sec. 102. Interregional minimum transfer capability requirements. Sec. 103. Critical document fee waiver. Sec. 104. Hermit’s Peak/Calf Canyon Fire Assistance. Sec. 105. Fire management assistance cost share. Sec. 106. Transitional sheltering assistance. Sec. 107. Grid resilience study. Sec. 108. Nonnative plant species removal grant program. Sec. 109. Centers of excellence for research on wildfire smoke. Sec. 110. Community smoke planning. Sec. 111. Disaster equity and fairness. Sec. 112. FEMA improvement, reform, and efficiency. Sec. 113. Fire investigations. Sec. 114. Critical infrastructure and microgrid program. Sec. 115. Advanced transmission technology study. Sec. 116. Rural Communities Drinking Water Resiliency. Title II—National Disaster Safety Board Act Sec. 201. Establishment and purpose. Sec. 202. General authority. Sec. 203. Recommendations and responses. Sec. 204. Reports and studies. Sec. 205. Appointment and organization. Sec. 206. Methodology. Sec. 207. Administrative. Sec. 208. Disclosure, availability, and use of information. Sec. 209. Training. Sec. 210. Funding. Sec. 211. Authority of the Inspector General. Sec. 212. Evaluation and audit of National Disaster Safety Board. Sec. 213. Definitions. Title III—National Wildland Fire Risk Reduction Program Sec. 301. Establishment of National Wildland Fire Risk Reduction Program. Sec. 302. Program activities. Sec. 303. Interagency Coordinating Committee on Wildland Fire Risk Reduction. Sec. 304. National Advisory Committee on Wildland Fire Risk Reduction. Sec. 305. Government Accountability Office review. Sec. 306. Responsibilities of Program agencies. Sec. 307. Budget activities. Sec. 308. Definitions. Sec. 309. Authorization of appropriations. Sec. 310. Increase in allowable amount of physical disaster loan for mitigation. Sec. 311. Study on disaster spending; State disaster plan updates. Title IV—Wildfire Grid Resilience Act Sec. 401. Short title. Sec. 402. Resilience accelerator demonstration program. Title V—Wildfire Insurance Coverage Study Sec. 501. Short title. Sec. 502. National wildfire risk assessment. Sec. 503. GAO study regarding insurance for wildfire damage. Title VI—Other Matters Sec. 601. Extreme weather events. Sec. 602. Fire management assistance program policy. Sec. 603. Changes to public assistance policy guide. Sec. 604. Mitigation benefit-cost analysis. Title VII—Collateral Requirements for Disaster Loans Under the Small Business Act Sec. 701. Collateral requirements for disaster loans under the Small Business Act. Division D—Environmental Justice Sec. 101. Definitions. Sec. 102. Environmental justice community technical assistance grants. Sec. 103. White House Environmental Justice Interagency Council. Sec. 104. Federal agency actions to address environmental justice. Sec. 105. Training of employees of Federal agencies. Sec. 106. Environmental justice basic training program. Sec. 107. Environmental justice clearinghouse. Sec. 108. Public meetings. Sec. 109. National Environmental Justice Advisory Council. Sec. 110. Environmental justice grant programs. Sec. 111. Environmental justice community solid waste disposal technical assistance grants. Sec. 112. Environmental justice community, State, and Tribal grant programs. Sec. 113. Protections for environmental justice communities against harmful Federal actions. Sec. 114. Prohibited discrimination. Sec. 115. Right of action. Sec. 116. Rights of recovery. Sec. 117. Public health risks associated with cumulative environmental stressors. Sec. 118. Climate justice grant program. Sec. 119. Environmental justice for communities overburdened by environmental violations.

3.

Determination of budgetary effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

A

Wildfire

B

Drought

C

Other Fire, Drought, and Extreme Weather Programs

D

Environmental Justice

101.

Definitions

In this division: (1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (2)

Advisory council

The term Advisory Council means the National Environmental Justice Advisory Council described in section 109. (3)

Aggrieved person

The term aggrieved person means a person aggrieved by discrimination on the basis of race, color, or national origin. (4)

Clearinghouse

The term Clearinghouse means the Environmental Justice Clearinghouse established by the Administrator under section 107. (5)

Community of color

The term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. (6)

Community-based science

The term community-based science means voluntary public participation in the scientific process and the incorporation of data and information generated outside of traditional institutional boundaries to address real-world problems in ways that may include formulating research questions, conducting scientific experiments, collecting and analyzing data, interpreting results, making new discoveries, developing technologies and applications, and solving complex problems, with an emphasis on the democratization of science and the engagement of diverse people and communities. (7)

Demonstrates

The term demonstrates means meets the burdens of going forward with the evidence and of persuasion. (8)

Director

The term Director means the Director of the National Institute of Environmental Health Sciences. (9)

Disparate impact

The term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of race, color, or national origin. (10)

Disproportionate burden of adverse human health or environmental effects

The term disproportionate burden of adverse human health or environmental effects means a situation where there exists higher or more adverse human health or environmental effects on communities of color, low- income communities, and Tribal and Indigenous communities. (11)

Environmental justice

The term environmental justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, culture, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that— (A)populations of color, communities of color, Tribal and Indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning, regulations, and enforcement; (B)Each population of color or community of color, Tribal and Indigenous community, or low-income community enjoy the same degree of protection from pollution or other environmental and health hazards; and (C)the 17 Principles of Environmental Justice written and adopted at the First National People of Color Environmental Leadership Summit held on October through 27, 1991, in Washington, DC, are upheld. (12)

Environmental justice community

The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects. (13)

Fair treatment

The term fair treatment means the conduct of a program, policy, practice or activity by a Federal agency in a manner that ensures that no group of individuals (including racial, ethnic, or socioeconomic groups) experience a disproportionate burden of adverse human health or environmental effects resulting from such program, policy, practice, or activity, as determined through consultation with, and with the meaningful participation of, individuals from the communities affected by a program, policy, practice or activity of a Federal agency. (14)

Federal agency

The term Federal agency means— (A)each Federal agency represented on the Working Group; and (B)any other Federal agency that carries out a Federal program or activity that substantially affects human health or the environment, as determined by the President. (15)

Tribal and indigenous community

The term Tribal and Indigenous community refers to a population of people who are members of— (A)a federally recognized Indian Tribe; (B)a State-recognized Indian Tribe; (C)an Alaska Native or Native Hawaiian community or organization; and (D)any other community of Indigenous people located in a State. (16)

Indian tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (U.S.C. 5304). (17)

Infrastructure

The term infrastructure means any system for safe drinking water, sewer collection, solid waste disposal, electricity generation, communication, or transportation access (including highways, airports, marine terminals, rail systems, and residential roads) that is used to effectively and safely support— (A)housing; (B)an educational facility; (C)a medical provider; (D)a park or recreational facility; or (E)a local business. (18)

Local government

The term local government means— (A)a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate governmental entity, or agency or instrumentality of a local government; or (B)an Indian Tribe or authorized Tribal organization, or Alaska Native village or organization, that is not a Tribal Government. (19)

Low income

The term low income means an annual household income equal to, or less than, the greater of— (A)an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B)200 percent of the Federal poverty line. (20)

Low-income community

The term low income community means any census block group in which 30 percent or more of the population are individuals with low income. (21)

Meaningful

The term meaningful, with respect to involvement by the public in a determination by a Federal agency, means that— (A)potentially affected residents of a community have an appropriate opportunity to participate in decisions regarding a proposed activity that will affect the environment or public health of the community; (B)the public contribution can influence the determination by the Federal agency; (C)the concerns of all participants involved are taken into consideration in the decision-making process; and (D)the Federal agency— (i)provides to potentially affected members of the public relevant and accurate information regarding the activity potentially affecting the environment or public health of affected members of the public; and (ii)facilitates the involvement of potentially affected members of the public. (22)

Population

The term population means a census block group or series of geographically contiguous blocks representing certain common characteristics, such as race, ethnicity, national origin, income-level, health disparities, or other public health and socioeconomic attributes. (23)

Population of color

The term population of color means a population of individuals who identify as— (A)Black; (B)African American; (C)Asian; (D)Pacific Islander; (E)another non-White race; (F)Hispanic; (G)Latino; or (H)linguistically isolated. (24)

Publish

The term publish means to make publicly available in a form that is— (A)generally accessible, including on the internet and in public libraries; and (B)accessible for— (i)individuals who are limited in English proficiency, in accordance with Executive Order No. 13166 (65 Fed. Reg. 50121 (August 16, 2000)); and (ii)individuals with disabilities. (25)

State

The term State means any State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (26)

Tribal government

The term Tribal Government means the governing body of an Indian Tribe. (27)

White house interagency council

The term White House Interagency Council means the White House Environmental Justice Interagency Council. (28)

Climate justice

The term climate justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, culture, national origin, educational level, or income, with respect to the development, implementation, and enforcement of policies and projects that address climate change, a recognition of the historical responsibilities for climate change, and a commitment that the people and communities least responsible for climate change, and most vulnerable to the impacts of climate change, do not suffer disproportionately as a result of historical injustice and disinvestment. (29)

Natural infrastructure

The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and— (A)is created through the action of natural physical, geological, biological, and chemical processes over time; (B)is created by human design, engineering, and construction to emulate or act in concert with natural processes; or (C)involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, to prevent and mitigate and address wildfires and drought, and for other related purposes.

102.

Environmental justice community technical assistance grants

(a)

In general

The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with an actual or potential release of a covered hazardous air pollutant or in connection with wildfires or drought. (b)

Timing

(1)

Guidance

Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. (2)

First grant

Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. (c)

Eligible entity

To be eligible for a grant under this section, an applicant shall be a group of individuals who reside in a community that— (1)is a population of color, a community of color, a Tribal and Indigenous community, or a low-income community; and (2)is in close proximity to the site of an actual or potential release of a covered hazardous air pollutant. (d)

Use of funds

An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved in connection with an actual or potential release of a covered hazardous air pollutant, including— (1)interpreting information with regard to the nature of the hazard, cumulative impacts studies, health impacts studies, remedial investigation and feasibility studies, agency decisions, remedial design, and operation and maintenance of necessary monitors; and (2)performing additional air pollution monitoring. (e)

Limitations on amount; renewal

(1)

Amount

(A)

In general

The amount of a grant under this section (excluding any renewals of the grant) may not exceed $50,000 for any grant recipient. (B)

Exception

The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. (2)

Renewal

Grants may be renewed for each step in the regulatory, removal, or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant. (f)

Definition of covered hazardous air pollutant

In this section, the term covered hazardous air pollutant means a hazardous air pollutant (as defined in section 112 of the Clean Air Act) that— (1)is listed on the toxics release inventory under section (c) of the Emergency Planning and Community Right-To-Know Act of 1986; or (2)is identified as carcinogenic by an assessment under the Integrated Risk Information System (IRIS) of the Environmental Protection Agency.

103.

White House Environmental Justice Interagency Council

(a)

In general

The President shall maintain within the Executive Office of the President a White House Environmental Justice Interagency Council. (b)

Requirements

(1)

Composition

The White House Interagency Council shall be comprised of the following (or a designee): (A)The Secretary of Agriculture. (B)The Secretary of Commerce. (C)The Secretary of Defense. (D)The Secretary of Energy. (E)The Secretary of Health and Human Services. (F)The Secretary of Homeland Security. (G)The Secretary of Housing and Urban Development. (H)The Secretary of the Interior. (I)The Secretary of Labor. (J)The Secretary of Transportation. (K)The Attorney General. (L)The Administrator. (M)The Director of the Office of Environmental Justice. (N)The Chairman of the Consumer Product Safety Commission. (O)The Chairperson of the Chemical Safety Board. (P)The Director of the Office of Management and Budget. (Q)The Director of the Office of Science and Technology Policy. (R)The Chair of the Council on Environmental Quality. (S)The Assistant to the President for Domestic Policy. (T)The Director of the National Economic Council. (U)The Chairman of the Council of Economic Advisers. (V)The Secretary of Education. (W)The Deputy Assistant to the President for Environmental Policy. (X)The Director of the National Institutes of Health. (Y)The Director of the National Park Service. (Z)The Assistant Secretary of the Bureau of Indian Affairs. (AA)The Chairperson of the National Environmental Justice Advisory Council. (BB)Such other Federal officials as the President may designate. (2)

Functions

The White House Interagency Council shall— (A)report to the President through the Chair of the Council on Environmental Quality; (B)provide guidance to Federal agencies regarding criteria for identifying disproportionately high and adverse human health or environmental effects— (i)on populations of color, communities of color, Tribal and Indigenous communities, and low-income communities; and (ii)on the basis of race, color, national origin, or income; (C)coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency with respect to the implementation and updating of an environmental justice strategy required under this division, in order to ensure that the administration, interpretation, and enforcement of programs, activities, and policies are carried out in a consistent manner; (D) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with this division; (E)identify, based in part on public recommendations contained in Federal agency progress reports, important areas for Federal agencies to take into consideration and address, as appropriate, in environmental justice strategies and other efforts; (F)assist in coordinating data collection and maintaining and updating appropriate databases, as required by this division; (G)examine existing data and studies relating to environmental justice; (H)hold public meetings and otherwise solicit public participation under paragraph (3); and (I)develop interagency model projects relating to environmental justice that demonstrate cooperation among Federal agencies. (3)

Public participation

The White House Interagency Council shall— (A)hold public meetings or otherwise solicit public participation and community-based science for the purpose of fact-finding with respect to the implementation of this division; and (B)prepare for public review and publish a summary of any comments and recommendations provided. (c)

Judicial review and rights of action

Any person may commence a civil action— (1)to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or (2)otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section).

104.

Federal agency actions to address environmental justice

(a)

Federal agency responsibilities

(1)

Environmental justice mission

To the maximum extent practicable and permitted by applicable law, each Federal agency shall make achieving environmental justice part of the mission of the Federal agency by identifying, addressing, and mitigating disproportionately high and adverse human health or environmental effects of the programs, policies, and activities of the Federal agency on populations of color, communities of color, Tribal and Indigenous communities, and low-income communities in the United States (including the territories and possessions of the United States and the District of Columbia). (2)

Nondiscrimination

Each Federal agency shall conduct any program, policy, or activity that substantially affects human health or the environment in a manner that ensures that the program, policy, or activity does not have the effect of excluding any individual or group from participation in, denying any individual or group the benefits of, or subjecting any individual or group to discrimination under, the program, policy, or activity on the basis of race, color, or national origin. (3)

Strategies

(A)

Agencywide strategies

Each Federal agency shall implement and update, not less frequently than annually, an agencywide environmental justice strategy that identifies and includes strategies to address disproportionally high and adverse human health or environmental effects of the programs, policies, spending, and other activities of the Federal agency with respect to populations of color, communities of color, Tribal and Indigenous communities, and low- income communities, including, as appropriate for the mission of the Federal agency, with respect to the following areas: (i)Implementation of the National Environmental Policy Act of 1969 (42 U.S.C. et seq.). (ii)Implementation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (including regulations promulgated pursuant to that title). (iii)Implementation of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (iv)Impacts from the lack of infrastructure, or from deteriorated infrastructure. (v)Impacts from land use. (vi)Impacts from climate change, including wildfires and drought. (vii)Impacts from commercial transportation. (viii)Strategies for the implementation of agency programs, policies, and activities to provide for— (I)equal protection from environmental and health hazards for populations of color, communities of color, Tribal and Indigenous communities, and low-income communities; (II)equal opportunity for public involvement and due process to populations of color, communities of color, Tribal and Indigenous communities, and low-income communities in the development, implementation, and enforcement of agency programs, policies, and activities; (III)improved technical assistance and access to information to populations of color, communities of color, Tribal and Indigenous communities, and low-income communities regarding the impacts of agency programs, policies, and activities on environmental justice communities; (IV)improved agency cooperation with State governments, Tribal Governments, and local governments to address pollution and public health burdens for populations of color, communities of color, Tribal and Indigenous communities, and low-income communities. (B)

Revisions

(i)

In general

Each strategy developed and updated pursuant to subparagraph (A) shall identify programs, policies, planning and public participation processes, rulemaking, agency spending, and enforcement activities relating to human health or the environment that may be revised, at a minimum— (I)to promote enforcement of all health, environmental, and civil rights laws and regulations in areas containing populations of color, communities of color, Tribal and Indigenous communities, and low-income communities; (II)to ensure greater public participation; (III)to provide increased access to infrastructure; (IV)to improve research and data collection relating to the health and environment of populations of color, communities of color, Tribal and Indigenous communities, and low-income communities, including through the increased use of community-based science; and (V)to identify differential patterns of use of natural resources among populations of color, communities of color, Tribal and Indigenous communities, and low-income communities. (ii)

Timetables

Each strategy implemented and updated pursuant to subparagraph (A) shall include a timetable for undertaking revisions identified pursuant to clause (i). (C)

Progress reports

Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, each Federal agency shall submit to Congress and the Working Group, and shall publish, a progress report that includes, with respect to the period covered by the report— (i)a description of the current environmental justice strategy of the Federal agency; (ii)an evaluation of the progress made by the Federal agency at national and regional levels regarding implementation of the environmental justice strategy, including— (I)metrics used by the Federal agency to measure performance; and (II)the progress made by the Federal agency toward— (aa)the achievement of the metrics described in subclause (I); and (bb)mitigating identified instances of environmental injustice; (iii)a description of the participation by the Federal agency in interagency collaboration; (iv)responses to recommendations submitted by members of the public to the Federal agency relating to the environmental justice strategy of the Federal agency and the implementation by the Federal agency of this division; and (v)any updates or revisions to the environmental justice strategy of the Federal agency, including those resulting from public comments. (4)

Public participation

Each Federal agency shall— (A)ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy, progress reports, and ongoing efforts of the Federal agency to incorporate environmental justice principles into the programs, policies, and activities of the Federal agency; (B)hold public meetings or otherwise solicit public participation and community-based science from populations of color, communities of color, Tribal and Indigenous communities, and low-income communities for fact-finding, receiving public comments, and conducting inquiries concerning environmental justice; and (C)prepare for public review and publish a summary of the comments and recommendations provided. (5)

Access to information

Each Federal agency shall— (A)publish public documents, notices, and hearings relating to the programs, policies, and activities of the Federal agency that affect human health or the environment; and (B)translate and publish any public documents, notices, and hearings relating to an action of the Federal agency as appropriate for the affected population, specifically in any case in which a limited English-speaking population may be disproportionately affected by that action. (6)

Codification of guidance

(A)

Council on environmental quality

Notwithstanding any other provision of law, 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. (B)

Environmental protection agency

Notwithstanding any other provision of 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. (b)

Human health and environmental research, data collection, and analysis

(1)

Research

Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall— (A)in conducting environmental 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— (i)populations of color, communities of color, Tribal and Indigenous communities, populations with low income, and low-income communities; (ii)fenceline communities; and (iii)workers who may be exposed to substantial environmental hazards; (B)in conducting environmental or human health analyses, identify multiple and cumulative exposures; and (C)actively encourage and solicit community-based science, and provide to populations of color, communities of color, Tribal and Indigenous communities, populations with low income, and low income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this division. (2)

Disproportionate impact

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— (A)collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income; and (B)use that information to determine whether the programs, policies, and activities of the Federal agency have disproportionally high and adverse human health or environmental effects on populations of color, communities of color, Tribal and Indigenous communities, and low-income communities. (3)

Information relating to non-federal facilities

In connection with the implementation of Federal agency strategies under subsection (a)(3), 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 fenceline 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. (4)

Impact from federal facilities

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 fenceline communities in proximity to any facility of the Federal agency that is— (A)subject to the reporting requirements under the Emergency Planning and Community Right-To-Know Act of (42 U.S.C. 11001 et seq.), as required by Executive Order No. 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations); and (B)expected to have a substantial environmental, human health, or economic effect on surrounding populations. (c)

Consumption of fish and wildlife

(1)

In general

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. (2)

Requirement

The guidance described in paragraph (1) shall— (A)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 (B)publish the risks of such consumption patterns. (d)

Mapping and screening tool

The Administrator shall continue to 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: (1)Nationally consistent data. (2)Environmental data. (3)Demographic data, including data relating to race, ethnicity, and income. (4)Capacity to produce maps and reports by geographical area. (5)Data on national parks and other federally protected natural, historic, and cultural sites. (e)

Judicial review and rights of action

Any person may commence a civil action— (1)to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or (2)otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). (f)

Information sharing

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. (g)

Climate and Economic Justice Screening Tool

The Chair of the Council on Environmental Quality shall— (1)maintain a geospatial Climate and Economic Justice Screening Tool; and (2)annually publish interactive maps highlighting disadvantaged communities.

105.

Training of employees of Federal agencies

(a)

Initial training

Not later than 1 year after the date of enactment of this Act, each employee of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the National Oceanic and Atmospheric Administration shall complete an environmental justice training program to ensure that each such employee— (1)has received training in environmental justice; and (2)is capable of— (A)appropriately incorporating environmental justice concepts into the daily activities of the employee; and (B)increasing the meaningful participation of individuals from environmental justice communities in the activities of the applicable agency. (b)

Mandatory participation

Effective on the date that is 1 year after the date of enactment of this Act, each individual hired by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the National Oceanic and Atmospheric Administration after that date shall be required to participate in environmental justice training. (c)

Requirement relating to certain employees

(1)

In general

With respect to each Federal agency that participates in the White House Interagency Council, not later than 30 days after the date on which an individual is appointed to the position of environmental justice coordinator, or any other position the responsibility of which involves the conduct of environmental justice activities, the individual shall be required to possess documentation of the completion by the individual of environmental justice training. (2)

Evaluation

Not later than 3 years after the date of enactment of this Act, the Inspector General of each Federal agency that participates in the White House Interagency Council shall evaluate the training programs of such Federal agency to determine if such Federal agency has improved the rate of training of the employees of such Federal agency to ensure that each employee has received environmental justice training.

106.

Environmental justice basic training program

(a)

Establishment

The Administrator shall establish a basic training program, in coordination and consultation with nongovernmental environmental justice organizations, to increase the capacity of residents of environmental justice communities to identify and address disproportionately adverse human health or environmental effects by providing culturally and linguistically appropriate— (1)training and education relating to— (A)basic and advanced techniques for the detection, assessment, and evaluation of the effects of hazardous substances, wildfire, and drought on human health; (B)methods to assess the risks to human health presented by hazardous substances, wildfire, and drought; (C)methods and technologies to detect hazardous substances in the environment; (D)basic biological, chemical, and physical methods to reduce the quantity and toxicity of hazardous substances and to reduce the frequency and extent of wildfires and drought; (E)the rights and safeguards currently afforded to individuals through policies and laws intended to help environmental justice communities address disparate impacts and discrimination, including— (i)laws adopted to protect human health and the environment; and (ii)section 602 of the Civil Rights Act of (42 U.S.C. 2000d-1); (F)public engagement opportunities through the policies and laws described in subparagraph (E); (G)materials available on the Clearinghouse described in this division; (H)methods to expand access to parks and other natural and recreational amenities; and (I)finding and applying for Federal grants related to environmental justice; and (2)short courses and continuation education programs for residents of communities who are located in close proximity to hazardous substances or in locations at risk of wildfires or drought to provide, as applicable— (A)education relating to— (i)the proper manner to handle hazardous substances; (ii)the management of facilities at which hazardous substances are located (including facility compliance protocols); (iii)the evaluation of the hazards that facilities described in clause (ii) pose to human health; and (iv)preventing, mitigating, and managing wildfires and drought and the hazards that wildfires and drought pose to human health; and (B)training on environmental and occupational health and safety with respect to the public health and engineering aspects of hazardous waste control. (b)

Grant program

(1)

Establishment

In carrying out the basic training program established under subsection (a), the Administrator may provide grants to, or enter into any contract or cooperative agreement with, an eligible entity to carry out any training or educational activity described in subsection (a). (2)

Eligible entity

To be eligible to receive assistance under paragraph (1), an eligible entity shall be an accredited institution of education in partnership with— (A)a community-based organization that carries out activities relating to environmental justice; (B)a generator of hazardous waste; (C)any individual who is involved in the detection, assessment, evaluation, or treatment of hazardous waste; (D)any owner or operator of a facility at which hazardous substances are located; or (E)any State government, Tribal Government, or local government. (c)

Plan

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall develop and publish in the Federal Register a plan to carry out the basic training program established under subsection (a). (2)

Contents

The plan described in paragraph (1) shall contain— (A)a list that describes the relative priority of each activity described in subsection (a); and (B)a description of research and training relevant to environmental justice issues of communities adversely affected by pollution. (3)

Coordination with federal agencies

The Administrator shall, to the maximum extent practicable, take appropriate steps to coordinate the activities of the basic training program described in the plan with the activities of other Federal agencies to avoid any duplication of effort. (d)

Report

(1)

In general

Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representative and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing— (A)the implementation of the basic training program established under subsection (a); and (B)the impact of the basic training program on improving training opportunities for residents of environmental justice communities. (2)

Public availability

The Administrator shall make the report required under paragraph (1) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (e)

Authorization of Appropriations

There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027.

107.

Environmental justice clearinghouse

(a)

Establishment

Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a public internet-based clearinghouse, to be known as the Environmental Justice Clearinghouse. (b)

Contents

The Clearinghouse shall be composed of culturally and linguistically appropriate materials related to environmental justice, including— (1)information describing the activities conducted by the Environmental Protection Agency to address issues relating to environmental justice; (2)copies of training materials provided by the Administrator to help individuals and employees understand and carry out environmental justice activities; (3)links to web pages that describe environmental justice activities of other Federal agencies; (4)a directory of individuals who possess technical expertise in issues relating to environmental justice; (5)a directory of nonprofit and community-based organizations, including grassroots organizations led by people of color, that address issues relating to environmental justice at the local, State, and Federal levels (with particular emphasis given to nonprofit and community-based organizations that possess the capability to provide advice or technical assistance to environmental justice communities); and (6)any other appropriate information as determined by the Administrator, including information on any resources available to help address the disproportionate burden of adverse human health or environmental effects on environmental justice communities. (c)

Consultation

In developing the Clearinghouse, the Administrator shall consult with individuals representing academic and community-based organizations who have expertise in issues relating to environmental justice. (d)

Annual review

The Advisory Council shall— (1)conduct a review of the Clearinghouse on an annual basis; and (2)recommend to the Administrator any updates for the Clearinghouse that the Advisory Council determines to be necessary for the effective operation of the Clearinghouse.

108.

Public meetings

(a)

In general

Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Administrator shall hold public meetings on environmental justice issues in each region of the Environmental Protection Agency to gather public input with respect to the implementation and updating of environmental justice strategies and efforts of the Environmental Protection Agency. (b)

Outreach to environmental justice communities

The Administrator, in advance of the meetings described in subsection (a), shall to the extent practicable hold multiple meetings in environmental justice communities in each region to provide meaningful community involvement opportunities. (c)

Notice

Notice for the meetings described in subsections (a) and (b) shall be provided— (1)to applicable representative entities or organizations present in the environmental justice community, including— (A)local religious organizations; (B)civic associations and organizations; (C)business associations of people of color; (D)environmental and environmental justice organizations; (E)homeowners, tenants, and neighborhood watch groups; (F)local and Tribal Governments; (G)rural cooperatives; (H)business and trade organizations; (I)community and social service organizations; (J)universities, colleges, and vocational schools; (K)labor organizations; (L)civil rights organizations; (M)senior citizens’ groups; and (N)public health agencies and clinics; (2)through communication methods that are accessible in the applicable environmental justice community, which may include electronic media, newspapers, radio, and other media particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and (3)at least 30 days before any such meeting. (d)

Communication methods and requirements

The Administrator shall— (1)provide translations of any documents made available to the public pursuant to this section in any language spoken by more than 5 percent of the population residing within the applicable environmental justice community, and make available translation services for meetings upon request; and (2)not require members of the public to produce a form of identification or register their names, provide other information, complete a questionnaire, or otherwise fulfill any condition precedent to attending a meeting, but if an attendance list, register, questionnaire, or other similar document is utilized during meetings, it shall state clearly that the signing, registering, or completion of the document is voluntary. (e)

Required attendance of certain employees

In holding a public meeting under subsection (a), the Administrator shall ensure that at least 1 employee of the Environmental Protection Agency at the level of Assistant Administrator is present at the meeting to serve as a representative of the Environmental Protection Agency.

109.

National Environmental Justice Advisory Council

(a)

Establishment

The President shall establish an advisory council, to be known as the National Environmental Justice Advisory Council. (b)

Membership

The Advisory Council shall be composed of 26 members who have knowledge of, or experience relating to, the effect of environmental conditions on communities of color, low-income communities, and Tribal and Indigenous communities, including— (1)representatives of— (A)community-based organizations that carry out initiatives relating to environmental justice, including grassroots organizations led by people of color; (B)State governments, Tribal Governments, and local governments; (C)Indian Tribes and other Indigenous groups; (D)nongovernmental and environmental organizations; and (E)private sector organizations (including representatives of industries and businesses); and (2)experts in the field of— (A)socioeconomic analysis; (B)health and environmental effects; (C)exposure evaluation; (D)environmental law and civil rights law; or (E)environmental health science research. (c)

Subcommittees; workgroups

(1)

Establishment

The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in subsection (d). (2)

Report

Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under paragraph (1) shall submit to the Advisory Council a report that contains— (A)a description of each recommendation of the subcommittee or workgroup; and (B)any advice requested by the Advisory Council with respect to any duty of the Advisory Council. (d)

Duties

The Advisory Council shall provide independent advice and recommendations to the Environmental Protection Agency with respect to issues relating to environmental justice, including advice— (1)to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the scientific research and demonstration projects of the Environmental Protection Agency relating to environmental justice; (2)to improve participation, cooperation, and communication with respect to such issues— (A)within the Environmental Protection Agency; (B)between, and among, the Environmental Protection Agency and Federal agencies, State and local governments, Indian Tribes, environmental justice leaders, interest groups, and the public; (3)requested by the Administrator to help improve the response of the Environmental Protection Agency in securing environmental justice for communities of color, low-income communities, and Tribal and Indigenous communities; and (4)on issues relating to— (A)the developmental framework of the Environmental Protection Agency with respect to the integration by the Environmental Protection Agency of socioeconomic programs into the strategic planning, annual planning, and management accountability of the Environmental Protection Agency to achieve environmental justice results throughout the Environmental Protection Agency; (B)the measurement and evaluation of the progress, quality, and adequacy of the Environmental Protection Agency in planning, developing, and implementing environmental justice strategies, project, and programs; (C)any existing and future information management systems, technologies, and data collection activities of the Environmental Protection Agency (including recommendations to conduct analyses that support and strengthen environmental justice programs in administrative and scientific areas); (D)the administration of grant programs relating to environmental justice assistance; and (E)education, training, and other outreach activities conducted by the Environmental Protection Agency relating to environmental justice. (e)

Designated federal officer

The Director of the Office of Environmental Justice of the Environmental Protection Agency is designated as the Federal officer required under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory Council. (f)

Meetings

(1)

In general

The Advisory Council shall meet not less frequently than 3 times each calendar year. (2)

Open to public

Each meeting of the Advisory Council shall be held open to the public. (3)

Duties of designated federal officer

The designated Federal officer described in subsection (e) (or a designee) shall— (A)be present at each meeting of the Advisory Council; (B)ensure that each meeting is conducted in accordance with an agenda approved in advance by the designated Federal officer; (C)provide an opportunity for interested persons— (i)to file comments before or after each meeting of the Advisory Council; or (ii)to make statements at such a meeting, to the extent that time permits; (D)ensure that a representative of the Working Group and a high-level representative from each regional office of the Environmental Protection Agency are invited to, and encouraged to attend, each meeting of the Advisory Council; and (E)provide technical assistance to States seeking to establish State-level environmental justice advisory councils or implement other environmental justice policies or programs. (g)

Responses from administrator

(1)

Public comment inquiries

The Administrator shall provide a written response to each inquiry submitted to the Administrator by a member of the public before or after each meeting of the Advisory Council by not later than 120 days after the date of submission. (2)

Recommendations from advisory council

The Administrator shall provide a written response to each recommendation submitted to the Administrator by the Advisory Council by not later than 120 days after the date of submission. (h)

Travel expenses

A member of the Advisory Council may be allowed travel expenses, including per diem in lieu of subsistence, at such rate as the Administrator determines to be appropriate while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council. (i)

Duration

The Advisory Council shall remain in existence unless otherwise provided by law.

110.

Environmental justice grant programs

(a)

In general

The Administrator shall continue to carry out the Environmental Justice Small Grants Program and the Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program, as those programs are in existence on the date of enactment of this Act. (b)

Care grants

The Administrator shall continue to carry out the Community Action for a Renewed Environment grant programs I and II, as in existence on January 1, 2012. (c)

Authorization of Appropriations

There is authorized to be appropriated to carry out the programs described in subsections (a) and (b) $50,000,000 for each of fiscal years 2023 through 2032.

111.

Environmental justice community solid waste disposal technical assistance grants

(a)

In general

The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. (b)

Timing

(1)

Guidance

Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. (2)

First grant

Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. (c)

Eligible entity

To be eligible for a grant under this section, an applicant shall be a group of individuals who reside in a community that— (1)is a population of color, a community of color, a Tribal and Indigenous community, or a low-income community; and (2)is in close proximity to a facility described in subsection (a) for which a decision relating to a permit or permit renewal for such facility is required. (d)

Use of funds

An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved that are related to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility, including— (1)interpreting information with regard to— (A)cumulative impacts studies; (B)health impacts studies; (C)relevant agency decisions; and (D)operation and maintenance of necessary monitors; and (2)performing environmental monitoring. (e)

Limitations on amount; renewal

(1)

Amount

(A)

In general

The amount of a grant under this section (excluding any renewals of the grant) may not exceed $50,000 for any grant recipient. (B)

Exception

The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. (2)

Renewal

Grants may be renewed for each step in the process for the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility.

112.

Environmental justice community, State, and Tribal grant programs

(a)

Environmental justice community grant program

(1)

Establishment

The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to assist the eligible entities in— (A)building capacity to address issues relating to environmental justice; and (B)carrying out any activity described in paragraph (4). (2)

Eligibility

To be eligible to receive a grant under paragraph (1), an eligible entity shall be a nonprofit, community-based organization that conducts activities, including providing medical and preventive health services, to reduce the disproportionate health impacts of environmental pollution in the environmental justice community at which the eligible entity proposes to conduct an activity that is the subject of the application described in paragraph (3). (3)

Application

To be eligible to receive a grant under paragraph (1), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (A)an outline describing the means by which the project proposed by the eligible entity will— (i)with respect to environmental and public health issues at the local level, increase the understanding of the environmental justice community at which the eligible entity will conduct the project; (ii)improve the ability of the environmental justice community to address each issue described in clause (i); (iii)facilitate collaboration and cooperation among various stakeholders (including members of the environmental justice community); and (iv)support the ability of the environmental justice community to proactively plan and implement just sustainable community development and revitalization initiatives, including countering displacement and gentrification; (B)a proposed budget for each activity of the project that is the subject of the application; (C)a list of proposed outcomes with respect to the proposed project; (D)a description of the ways by which the eligible entity may leverage the funds of the eligible entity, or the funds made available through a grant under this subsection, to develop a project that is capable of being sustained beyond the period of the grant; and (E)a description of the ways by which the eligible entity is linked to, and representative of, the environmental justice community at which the eligible entity will conduct the project. (4)

Use of funds

An eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs, opportunities, and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address environmental justice concerns and improve the health or environment of the environmental justice community, including activities— (A)to create or develop collaborative partnerships; (B)to educate and provide outreach services to the environmental justice community; (C)to identify and implement projects to address environmental or public health concerns; or (D)to develop a comprehensive understanding of environmental or public health issues. (5)

Report

(A)

In general

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the ways by which the grant program under this subsection has helped community-based nonprofit organizations address issues relating to environmental justice. (B)

Public availability

The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (6)

Authorization of Appropriations

There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2023 through 2027. (b)

State grant program

(1)

Establishment

The Administrator shall establish a program under which the Administrator shall provide grants to States to enable the States— (A)to establish culturally and linguistically appropriate protocols, activities, and mechanisms for addressing issues relating to environmental justice; and (B)to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the State, including reducing economic vulnerabilities that result in the environmental justice communities being disproportionately affected. (2)

Eligibility

(A)

Application

To be eligible to receive a grant under paragraph (1), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (i)a plan that contains a description of the means by which the funds provided through a grant under paragraph (1) will be used to address issues relating to environmental justice at the State level; and (ii)assurances that the funds provided through a grant under paragraph (1) will be used only to supplement the amount of funds that the State allocates for initiatives relating to environmental justice. (B)

Ability to continue program

To be eligible to receive a grant under paragraph (1), a State shall demonstrate to the Administrator that the State has the ability to continue each program that is the subject of funds provided through a grant under paragraph (1) after receipt of the funds. (3)

Report

(A)

In general

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing— (i)the implementation of the grant program established under paragraph (1); (ii)the impact of the grant program on improving the ability of each participating State to address environmental justice issues; and (iii)the activities carried out by each State to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the State. (B)

Public availability

The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (4)

Authorization of Appropriations

There is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2023 through 2027. (c)

Tribal grant program

(1)

Establishment

The Administrator shall establish a program under which the Administrator shall provide grants to Tribal Governments to enable the Indian Tribes— (A)to establish culturally and linguistically appropriate protocols, activities, and mechanisms for addressing issues relating to environmental justice; and (B)to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in Tribal and Indigenous communities, including reducing economic vulnerabilities that result in the Tribal and Indigenous communities being disproportionately affected. (2)

Eligibility

(A)

Application

To be eligible to receive a grant under paragraph (1), a Tribal Government shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (i)a plan that contains a description of the means by which the funds provided through a grant under paragraph (1) will be used to address issues relating to environmental justice in Tribal and Indigenous communities; and (ii)assurances that the funds provided through a grant under paragraph (1) will be used only to supplement the amount of funds that the Tribal Government allocates for initiatives relating to environmental justice. (B)

Ability to continue program

To be eligible to receive a grant under paragraph (1), a Tribal Government shall demonstrate to the Administrator that the Tribal Government has the ability to continue each program that is the subject of funds provided through a grant under paragraph (1) after receipt of the funds. (3)

Report

(A)

In general

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing— (i)the implementation of the grant program established under paragraph (1); (ii)the impact of the grant program on improving the ability of each participating Indian Tribe to address environmental justice issues; and (iii)the activities carried out by each Tribal Government to reduce or eliminate disproportionately adverse human health or environmental effects on applicable environmental justice communities in Tribal and Indigenous communities. (B)

Public availability

The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (4)

Authorization of Appropriations

There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2023 through 2027. (d)

Community-based participatory research grant program

(1)

Establishment

The Administrator, in consultation with the Director, shall establish a program under which the Administrator shall provide not more than 25 multiyear grants to eligible entities to carry out community-based participatory research— (A)to address issues relating to environmental justice; (B)to improve the environment of residents and workers in environmental justice communities; and (C)to improve the health outcomes of residents and workers in environmental justice communities. (2)

Eligibility

To be eligible to receive a multiyear grant under paragraph (1), an eligible entity shall be a partnership composed of— (A)an accredited institution of higher education; and (B)a community-based organization. (3)

Application

To be eligible to receive a multiyear grant under paragraph (1), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (A)a detailed description of the partnership of the eligible entity that, as determined by the Administrator, demonstrates the participation of members of the community at which the eligible entity proposes to conduct the research; and (B)a description of— (i)the project proposed by the eligible entity; and (ii)the ways by which the project will— (I)address issues relating to environmental justice; (II)assist in the improvement of health outcomes of residents and workers in environmental justice communities; and (III)assist in the improvement of the environment of residents and workers in environmental justice communities. (4)

Public availability

The Administrator shall make the results of the grants provided under this subsection available to the public, including by posting on the website of the Environmental Protection Agency a copy of the grant awards and an annual report at the beginning of each fiscal year describing the research findings associated with each grant provided under this subsection. (5)

Authorization of Appropriations

There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2027.

113.

Protections for environmental justice communities against harmful Federal actions

(a)

Purpose

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. (b)

Definitions

In this section: (1)

Environmental impact statement

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.). (2)

Federal action

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.). (c)

Preparation of a community impact report

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. (d)

Contents

A community impact report described in subsection (c) shall— (1)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; (2)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; (3)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; (4)evaluate alternatives to or mitigation measures for the proposed Federal action that will— (A)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 (B)not negatively impact an environmental justice community’s ability to access public parks, outdoor spaces, and public recreation opportunities; and (5)analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need of the proposed action. (e)

Delegation

Federal agencies shall not delegate responsibility for the preparation of a community impact report described in subsection (c) to any other entity. (f)

National environmental policy act requirements for environmental justice communities

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— (1)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; (2)require any public comment period carried out during the scoping phase of the environmental review process to be not less than 90 days; (3)provide early and meaningful community involvement opportunities by— (A)holding multiple hearings in such community regarding the proposed Federal action in each prominent language within the environmental justice community; and (B)providing notice of any step or action in the process that Act involves public participation to any representative entities or organizations present in the environmental justice community including— (i)local religious organizations; (ii)civic associations and organizations; (iii)business associations of people of color; (iv)environmental and environmental justice organizations, including community- based grassroots organizations led by people of color; (v)homeowners, tenants, and neighborhood watch groups; (vi)local governments and Tribal Governments; (vii)rural cooperatives; (viii)business and trade organizations; (ix)community and social service organizations; (x)universities, colleges, and vocational schools; (xi)labor and other worker organizations; (xii)civil rights organizations; (xiii)senior citizens’ groups; and (xiv)public health agencies and clinics; and (4)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. (g)

Communication methods and requirements

Any notice provided under subsection (f)(3)(B) shall be provided— (1)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 (2)at least 30 days before any hearing in such community or the start of any public comment period. (h)

Requirements for actions requiring an environmental impact statement

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: (1)A description of the proposed action. (2)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. (3)An initial list of alternatives and potential impacts. (4)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. (5)An agency point of contact. (6)Timely notice of locations where comments will be received or public meetings held. (7)Any telephone number or locations where further information can be obtained. (i)

National environmental policy act requirements for indian tribes

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— (1)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; (2)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 (3)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. (j)

Agency determinations

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.). (k)

Effective date

This section shall take effect 1 year after the date of enactment of this Act. (l)

Savings clause

Nothing in this section diminishes— (1)any right granted through the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or (2)the requirements under that Act to consider direct, indirect, and cumulative impacts.

114.

Prohibited discrimination

Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended— (1)by striking No and inserting (a) No; and (2)by adding at the end the following: (b) (1) (A)Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title if— (i)an entity subject to this title (referred to in this title as a covered entity) has a program, policy, practice, or activity that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged program, policy, practice, or activity is related to and necessary to achieve the nondiscriminatory goal of the program, policy, practice, or activity alleged to have been operated in a discriminatory manner; or (ii)a less discriminatory alternative program, policy, practice, or activity exists, and the covered entity refuses to adopt such alternative program, policy, practice, or activity. (B)With respect to demonstrating that a particular program, policy, practice, or activity does not cause a disparate impact, the covered entity shall demonstrate that each particular challenged program, policy, practice, or activity does not cause a disparate impact, except that if the covered entity demonstrates to the courts that the elements of the covered entity’s decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as 1 program, policy, practice, or activity. (2)A demonstration that a program, policy, practice, or activity is necessary to achieve the goals of a program, policy, practice, or activity may not be used as a defense against a claim of intentional discrimination under this title. (3)In this subsection— (A)the term demonstrates means to meet the burdens of going forward with the evidence and of persuasion; and (B)the term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of their race, color, or national origin. (C)No person in the United States shall be subjected to discrimination, including retaliation or intimidation, because such person opposed any program, policy, practice, or activity prohibited by this title, or because such person made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title..

115.

Right of action

(a)

In general

Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is amended— (1)by inserting (a) before Each Federal department and agency which is empowered; and (2)by adding at the end the following: (b)Any person aggrieved by the failure to comply with this title, including any regulation promulgated pursuant to this title, may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties.. (b)

Effective date

(1)

In general

This section, including the amendments made by this section, takes effect on the date of enactment of this Act. (2)

Application

This section, including the amendments made by this section, applies to all actions or proceedings pending on or after the date of enactment of this Act.

116.

Rights of recovery

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by inserting after section 602 the following:

602A.

Actions brought by aggrieved persons

(a)

Claims based on proof of intentional discrimination

In an action brought by an aggrieved person under this title against an entity subject to this title (referred to in this section as a covered entity) who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the aggrieved person may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs of the action, except that punitive damages are not available against a government, government agency, or political subdivision. (b)

Claims based on the disparate impact standard of proof

In an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including implementing regulations), the aggrieved person may recover attorney’s fees (including expert fees), and costs of the action. (c)

Definitions

In this section: (1)

Aggrieved person

The term aggrieved person means a person aggrieved by discrimination on the basis of race, color, or national origin. (2)the term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of their race, color, or national origin.

.

117.

Public health risks associated with cumulative environmental stressors

(a)

Proposed protocol

Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with the Advisory Council, shall publish a proposal for a protocol for assessing and addressing the cumulative public health risks associated with multiple environmental stressors. The Administrator shall allow 90 days for public comment on such proposal. The environmental stressors addressed under such proposal shall include— (1)impacts associated with global climate change, including extreme heat, extremes in temperature change, drought, wildfires, sea level rise, flooding, storms, water shortage, food shortage, ecosystem disruption, and the spread of infectious disease; (2)exposure to pollutants, emissions, discharges, waste, chemicals, or other materials subject to regulation under the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Community Right-to-Know Act of 1986, and other laws administered by the Administrator; and (3)other environmental stressors determined by the Administrator to impact public health. (b)

Final protocol

Not later than 1 year after the enactment of this section, the Administrator shall publish the final protocol for assessing and addressing the cumulative public health risks associated with multiple environmental stressors. (c)

Implementation

Not later than 3 years after the enactment of this section, the Administrator shall implement the protocol described under subsection (b).

118.

Climate justice grant program

(a)

Establishment

The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to assist the eligible entities in— (1)building capacity to address issues relating to climate justice; and (2)carrying out any activity described in subsection (d). (b)

Eligibility

To be eligible to receive a grant under subsection (a), an eligible entity shall be a tribal government, local government, or nonprofit, community-based organization. (c)

Application

To be eligible to receive a grant under subsection (a), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (1)an outline describing the means by which the project proposed by the eligible entity will— (A)with respect to climate justice issues at the local level, increase the understanding of the environmental justice community at which the eligible entity will conduct the project; (B)improve the ability of the environmental justice community to address each issue described in subparagraph (A); (C)facilitate collaboration and cooperation among various stakeholders (including members of the environmental justice community); and (D)support the ability of the environmental justice community to proactively plan and implement climate justice initiatives; (2)a proposed budget for each activity of the project that is the subject of the application; (3)a list of proposed outcomes with respect to the proposed project; (4)a description of the ways by which the eligible entity may leverage the funds of the eligible entity, or the funds made available through a grant under this subsection, to develop a project that is capable of being sustained beyond the period of the grant; and (5)a description of the ways by which the eligible entity is linked to, and representative of, the environmental justice community at which the eligible entity will conduct the project. (d)

Use of funds

An eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs, opportunities, and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address climate justice concerns of the environmental justice community, including activities— (1)to create or develop collaborative partnerships; (2)to educate and provide outreach services to the environmental justice community on climate justice; (3)to identify and implement projects to address climate justice concerns, including community solar and wind energy projects, energy efficiency, home and building electrification, home and building weatherization, energy storage, solar and wind energy supported microgrids, battery electric vehicles, electric vehicle charging infrastructure, natural infrastructure, addressing the risks and hazards of wildfires and droughts, and climate resilient infrastructure. (e)

Limitations on amount

The amount of a grant under this section may not exceed $2,000,000 for any grant recipient. (f)

Report

(1)

In general

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the ways by which the grant program under this subsection has helped eligible entities address issues relating to energy and climate justice. (2)

Public availability

The Administrator shall make each report required under paragraph (1) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (g)

Authorization of Appropriations

There is authorized to be appropriated to carry out this subsection $1,000,000,000 for each of fiscal years 2023 through 2027 of which, not more than 4 percent for each fiscal year is authorized to be appropriated for administrative expenses, including outreach and technical assistance to eligible entities.

119.

Environmental justice for communities overburdened by environmental violations

(a)

Identification of communities

Not later than 180 days after the date of enactment of this section, the Administrator shall, in consultation with the Advisory Council and co-regulators in State and local agencies, identify at least 100 communities— (1)that are environmental justice communities; and (2)in which there have been over the previous 5 years a number of violations of environmental law that the Administrator determines to be greater than the national average of such violations. (b)

Analysis and recommendations

Not later than 1 year after the enactment of this section, with respect to each community identified under subsection (a), and in consultation with the Advisory Council, the Administrator shall— (1)undertake an analysis of the conditions which have led to the number of violations identified under subsection (a)(1), including through community-based science implemented through engagement with the residents of each such community; (2)identify the root cause of the number of violations described under subsection (a)(1); and (3)recommend measures that the Administrator shall take, in coordination with co-regulators in State and local agencies, to reduce the number of violations of environmental law to a number that the Administrator determines to be significantly below the national average. (c)

Implementation

Not later than 2 years after the date of enactment of this section, the Administrator shall complete the implementation of the measures identified under subsection (b)(3).

Passed the House of Representatives July 29, 2022.Cheryl L. Johnson,Clerk.