[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Presidential Documents]
[Pages 25251-25261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08955]
Presidential Documents
Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 25251]]
Executive Order 14096 of April 21, 2023
Revitalizing Our Nation's Commitment to
Environmental Justice for All
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to advance environmental justice,
it is hereby ordered as follows:
Section 1. Policy. To fulfill our Nation's promises of
justice, liberty, and equality, every person must have
clean air to breathe; clean water to drink; safe and
healthy foods to eat; and an environment that is
healthy, sustainable, climate-resilient, and free from
harmful pollution and chemical exposure. Restoring and
protecting a healthy environment--wherever people live,
play, work, learn, grow, and worship--is a matter of
justice and a fundamental duty that the Federal
Government must uphold on behalf of all people.
We must advance environmental justice for all by
implementing and enforcing the Nation's environmental
and civil rights laws, preventing pollution, addressing
climate change and its effects, and working to clean up
legacy pollution that is harming human health and the
environment. Advancing environmental justice will
require investing in and supporting culturally vibrant,
sustainable, and resilient communities in which every
person has safe, clean, and affordable options for
housing, energy, and transportation. It is also
necessary to prioritize building an equitable,
inclusive, and sustainable economy that offers economic
opportunities, workforce training, and high-quality and
well-paying jobs, including union jobs, and
facilitating an equitable transition of the workforce
as part of a clean energy future. Achieving this vision
will also require improving equitable access to parks,
tree cover, playgrounds, sports fields, rivers, ponds,
beaches, lakes, and all of the benefits provided by
nature, including America's public lands and waters.
Pursuing these and other objectives integral to
advancing environmental justice can successfully occur
only through meaningful engagement and collaboration
with underserved and overburdened communities to
address the adverse conditions they experience and
ensure they do not face additional disproportionate
burdens or underinvestment.
We have more work to do to make environmental justice a
reality for our Nation, both for today and for the
generations that will follow us. Even as many
communities in the United States have prospered and
thrived in recent decades, many other communities have
been left behind. Communities with environmental
justice concerns face entrenched disparities that are
often the legacy of racial discrimination and
segregation, redlining, exclusionary zoning, and other
discriminatory land use decisions or patterns. These
decisions and patterns may include the placement of
polluting industries, hazardous waste sites, and
landfills in locations that cause cumulative impacts to
the public health of communities and the routing of
highways and other transportation corridors in ways
that divide neighborhoods. These remnants of
discrimination persist today.Communities with
environmental justice concerns exist in all areas of
the country, including urban and rural areas and areas
within the boundaries of Tribal Nations and United
States Territories. Such communities are found in
geographic locations that have a significant proportion
of people who have low incomes or are otherwise
adversely affected by persistent poverty or inequality.
Such communities are also found in places with a
significant proportion of people of color,
[[Page 25252]]
including individuals who are Black, Latino, Indigenous
and Native American, Asian American, Native Hawaiian,
and Pacific Islander. Communities with environmental
justice concerns also include geographically dispersed
and mobile populations, such as migrant farmworkers.
Communities with environmental justice concerns
experience disproportionate and adverse human health or
environmental burdens. These burdens arise from a
number of causes, including inequitable access to clean
water, clean air, natural places, and resources for
other basic human health and environmental needs; the
concentration of pollution, hazardous waste, and toxic
exposures; and underinvestment in affordable housing
that is safe and healthy and in basic infrastructure
and services to support such housing, including safe
drinking water and effective sewage management. The
cumulative impacts of exposure to those types of
burdens and other stressors, including those related to
climate change and the environment, further
disadvantage communities with environmental justice
concerns. People in these communities suffer from
poorer health outcomes and have lower life expectancies
than those in other communities in our Nation.
Moreover, gaps in environmental and human health data
can conceal these harms from public view, and, in doing
so, are themselves a persistent and pernicious driver
of environmental injustice.
Nearly three decades after the issuance of Executive
Order 12898 of February 11, 1994 (Federal Actions To
Address Environmental Justice in Minority Populations
and Low-Income Populations), the Federal Government
must build upon and strengthen its commitment to
deliver environmental justice to all communities across
America. Our Nation needs an ambitious approach to
environmental justice that is informed by scientific
research, high-quality data, and meaningful Federal
engagement with communities with environmental justice
concerns and that uses the tools available to the
Federal Government, including enforcement of civil
rights and environmental laws. Our Nation must also
take further steps to dismantle racial discrimination
and institutional bias that disproportionately affect
the health, environment, safety, and resiliency of
communities with environmental justice concerns.
To ensure that the Nation's policies and investments
respond to the needs of every community, all people
should be afforded the opportunity to meaningfully
participate in agency decision-making processes that
may affect the health of their community or
environment. The Federal Government must continue to
remove barriers to the meaningful involvement of the
public in such decision-making, particularly those
barriers that affect members of communities with
environmental justice concerns, including those related
to disability, language access, and lack of resources.
The Federal Government must also continue to respect
Tribal sovereignty and support self-governance by
ensuring that Tribal Nations are consulted on Federal
policies that have Tribal implications. In doing so, we
must recognize, honor, and respect the different
cultural practices--including subsistence practices,
ways of living, Indigenous Knowledge, and traditions--
in communities across America. As our Nation reaffirms
our commitment to environmental justice, the Federal
Government must continue to be transparent about, and
accountable for, its actions.
It is the policy of my Administration to pursue a
whole-of-government approach to environmental justice.
This order builds upon my Administration's ongoing
efforts to advance environmental justice and equity
consistent with Executive Order 13985 of January 20,
2021 (Advancing Racial Equity and Support for
Underserved Communities Through the Federal
Government), Executive Order 13990 of January 20, 2021
(Protecting Public Health and the Environment and
Restoring Science To Tackle the Climate Crisis),
Executive Order 14008 of January 27, 2021 (Tackling the
Climate Crisis at Home and Abroad), Executive Order
14052 of November 15, 2021 (Implementation of the
Infrastructure Investment and Jobs Act), Executive
Order 14057 of December 8, 2021 (Catalyzing Clean
Energy Industries and Jobs Through Federal
Sustainability), Executive Order 14082 of September 12,
[[Page 25253]]
2022 (Implementation of the Energy and Infrastructure
Provisions of the Inflation Reduction Act of 2022), and
Executive Order 14091 of February 16, 2023 (Further
Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government). This order
also supplements the foundational efforts of Executive
Order 12898 to address environmental justice. In
partnership with State, Tribal, territorial, and local
governments, as well as community organizations,
businesses, and members of the public, the Federal
Government will advance environmental justice and help
create a more just and sustainable future for all.
Sec. 2. Definitions. As used in this order:
(a) ``Agency'' means an executive agency as defined
by 5 U.S.C. 105, excluding the Government
Accountability Office and independent regulatory
agencies, as defined in 44 U.S.C. 3502(5).
(b) ``Environmental justice'' means the just
treatment and meaningful involvement of all people,
regardless of income, race, color, national origin,
Tribal affiliation, or disability, in agency decision-
making and other Federal activities that affect human
health and the environment so that people:
(i) are fully protected from disproportionate and adverse human health and
environmental effects (including risks) and hazards, including those
related to climate change, the cumulative impacts of environmental and
other burdens, and the legacy of racism or other structural or systemic
barriers; and
(ii) have equitable access to a healthy, sustainable, and resilient
environment in which to live, play, work, learn, grow, worship, and engage
in cultural and subsistence practices.
(c) ``Federal activity'' means any agency
rulemaking, guidance, policy, program, practice, or
action that affects or has the potential to affect
human health and the environment, including an agency
action related to climate change. Federal activities
may include agency actions related to: assuring
compliance with applicable laws; licensing, permitting,
and the reissuance of licenses and permits; awarding,
conditioning, or oversight of Federal funds; and
managing Federal resources and facilities. This may
also include such activities in the District of
Columbia and the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, the U.S. Virgin Islands, and other
Territories and possessions of the United States.
(d) ``Tribal Nation'' means an American Indian or
Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior
acknowledges as a federally recognized Tribe pursuant
to the Federally Recognized Indian Tribe List Act of
1994, 25 U.S.C. 5130, 5131.
Sec. 3. Government-Wide Approach to Environmental
Justice. (a) Consistent with section 1-101 of Executive
Order 12898 and each agency's statutory authority, each
agency should make achieving environmental justice part
of its mission. Each agency shall, as appropriate and
consistent with applicable law:
(i) identify, analyze, and address disproportionate and adverse human
health and environmental effects (including risks) and hazards of Federal
activities, including those related to climate change and cumulative
impacts of environmental and other burdens on communities with
environmental justice concerns;
(ii) evaluate relevant legal authorities and, as available and appropriate,
take steps to address disproportionate and adverse human health and
environmental effects (including risks) and hazards unrelated to Federal
activities, including those related to climate change and cumulative
impacts of environmental and other burdens on communities with
environmental justice concerns;
(iii) identify, analyze, and address historical inequities, systemic
barriers, or actions related to any Federal regulation, policy, or practice
that impair
[[Page 25254]]
the ability of communities with environmental justice concerns to achieve
or maintain a healthy and sustainable environment;
(iv) identify, analyze, and address barriers related to Federal activities
that impair the ability of communities with environmental justice concerns
to receive equitable access to human health or environmental benefits,
including benefits related to natural disaster recovery and climate
mitigation, adaptation, and resilience;
(v) evaluate relevant legal authorities and, as available and appropriate,
take steps to provide, in consultation with unions and employers,
opportunities for workforce training and to support the creation of high-
quality and well-paying jobs, including union jobs, for people who are part
of communities with environmental justice concerns;
(vi) evaluate relevant legal authorities and, where available and
appropriate, consider adopting or requiring measures to avoid, minimize, or
mitigate disproportionate and adverse human health and environmental
effects (including risks) and hazards of Federal activities on communities
with environmental justice concerns, to the maximum extent practicable, and
to address any contribution of such Federal activities to adverse effects--
including cumulative impacts of environmental and other burdens--already
experienced by such communities;
(vii) provide opportunities for the meaningful engagement of persons and
communities with environmental justice concerns who are potentially
affected by Federal activities, including by:
(A) providing timely opportunities for members of the public to share
information or concerns and participate in decision-making processes;
(B) fully considering public input provided as part of decision-making
processes;
(C) seeking out and encouraging the involvement of persons and
communities potentially affected by Federal activities by:
(1) ensuring that agencies offer or provide information on a Federal
activity in a manner that provides meaningful access to individuals with
limited English proficiency and is accessible to individuals with
disabilities;
(2) providing notice of and engaging in outreach to communities or groups
of people who are potentially affected and who are not regular participants
in Federal decision-making; and
(3) addressing, to the extent practicable and appropriate, other barriers
to participation that individuals may face; and
(D) providing technical assistance, tools, and resources to assist in
facilitating meaningful and informed public participation, whenever
practicable and appropriate;
(viii) continue to engage in consultation on Federal activities that have
Tribal implications and potentially affect human health or the environment,
pursuant to Executive Order 13175 of November 6, 2000 (Consultation and
Coordination With Indian Tribal Governments), the Presidential Memorandum
of January 26, 2021 (Tribal Consultation and Strengthening Nation-to-Nation
Relationships), and the Presidential Memorandum of November 30, 2022
(Uniform Standards for Tribal Consultation), and fulfill obligations
established pursuant to Executive Order 13007 of May 24, 1996 (Indian
Sacred Sites);
(ix) carry out environmental reviews under the National Environmental
Policy Act (NEPA), 42 U.S.C. 4321 et seq., consistent with the statute and
its implementing regulations and through the exercise of the agency's
expertise and technical judgment, in a manner that:
(A) analyzes direct, indirect, and cumulative effects of Federal actions
on communities with environmental justice concerns;
(B) considers best available science and information on any disparate
health effects (including risks) arising from exposure to pollution and
[[Page 25255]]
other environmental hazards, such as information related to the race,
national origin, socioeconomic status, age, disability, and sex of the
individuals exposed; and
(C) provides opportunities for early and meaningful involvement in the
environmental review process by communities with environmental justice
concerns potentially affected by a proposed action, including when
establishing or revising agency procedures under NEPA;
(x) in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.
2000d, and agency regulations, ensure that all programs or activities
receiving Federal financial assistance that potentially affect human health
or the environment do not directly, or through contractual or other
arrangements, use criteria, policies, practices, or methods of
administration that discriminate on the basis of race, color, or national
origin;
(xi) ensure that the public, including members of communities with
environmental justice concerns, has adequate access to information on
Federal activities, including planning, regulatory actions, implementation,
permitting, compliance, and enforcement related to human health or the
environment, when required under the Freedom of Information Act, 5 U.S.C.
552; the Government in the Sunshine Act, 5 U.S.C. 552b; the Clean Air Act,
42 U.S.C. 7401 et seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42
U.S.C. 11001 et seq.; or other environmental statutes with public
information provisions;
(xii) improve collaboration and communication with State, Tribal,
territorial, and local governments on programs and activities to advance
environmental justice;
(xiii) encourage and, to the extent permitted by law, ensure that
Government-owned, contractor-operated facilities take appropriate steps to
implement the directives of this order;
(xiv) consider ways to encourage and, as appropriate, ensure that
recipients of Federal funds--including recipients of block grant funding--
and entities subject to contractual, licensing, or other arrangements with
Federal agencies advance environmental justice;
(xv) develop internal mechanisms to achieve the goals of this order,
including by:
(A) creating performance metrics and other means of accountability;
(B) identifying and dedicating staff, funding, and other resources; and
(C) providing appropriate professional development and training of agency
staff; and
(xvi) consistent with section 2-2 of Executive Order 12898, ensure that
Federal activities do not have the effect of:
(A) excluding persons, including populations, from participation in
Federal activities on the basis of their race, color, or national origin;
(B) denying persons, including populations, the benefits of Federal
activities on the basis of their race, color, or national origin; or
(C) subjecting persons, including populations, to discrimination on the
basis of their race, color, or national origin.
(b) The Administrator of the Environmental
Protection Agency (EPA) shall:
(i) in carrying out responsibilities under section 309 of the Clean Air
Act, 42 U.S.C. 7609, assess whether each agency analyzes and avoids or
mitigates disproportionate human health and environmental effects on
communities with environmental justice concerns; and
(ii) report annually to the Chair of the Council on Environmental Quality
(CEQ) and the White House Environmental Justice Interagency Council
(Interagency Council) described in section 7 of this order on EPA's Clean
[[Page 25256]]
Air Act section 309 reviews regarding communities with environmental
justice concerns and provide recommendations on legislative, regulatory, or
policy options to advance environmental justice in Federal decision-making.
(c) In carrying out assigned responsibilities under
Executive Order 12250 of November 2, 1980 (Leadership
and Coordination of Nondiscrimination Laws), the
Attorney General shall assess agency efforts to ensure
compliance with civil rights laws in programs and
activities receiving Federal financial assistance that
potentially affect human health or the environment and
shall report annually based on publicly available
information to the Chair of CEQ regarding any relevant
pending or closed litigation.
Sec. 4. Environmental Justice Strategic Plans. (a) No
later than 18 months after the date of this order and
every 4 years thereafter, each agency shall submit to
the Chair of CEQ and make available to the public
online an Environmental Justice Strategic Plan.
(b) Each Environmental Justice Strategic Plan
shall, based on guidance provided by the Chair of CEQ
under section 9 of this order, set forth the agency's
vision, goals, priority actions, and metrics to address
and advance environmental justice and to fulfill the
directives of this order, including through the
identification of new staffing, policies, regulations,
or guidance documents.
(c) Each Environmental Justice Strategic Plan shall
also identify and address opportunities through
regulations, policies, permits, or other means to
improve accountability and compliance with any statute
the agency administers that affects the health and
environment of communities with environmental justice
concerns. Such measures may include:
(i) increasing public reporting by regulated entities;
(ii) expanding use of pollution measurement and other environmental impact
or compliance assessment tools such as fenceline monitoring;
(iii) improving the effectiveness of remedies to provide relief to
individuals and communities with environmental justice concerns, such as
remedies that penalize and deter violations and promote future compliance,
including harm mitigation and corrective action; and
(iv) considering whether to remove exemptions or waivers that may undermine
the achievement of human health or environmental standards.
(d) No later than 2 years after the submission of
an Environmental Justice Strategic Plan, each agency
shall submit to the Chair of CEQ, and make available to
the public, an Environmental Justice Assessment that
evaluates, based on guidance provided by the Chair of
CEQ under section 9 of this order, the effectiveness of
the agency's Environmental Justice Strategic Plan. The
Environmental Justice Assessment shall include an
evaluation of:
(i) the agency's progress in implementing its Environmental Justice
Strategic Plan;
(ii) any barriers to implementing the agency's Environmental Justice
Strategic Plan; and
(iii) steps taken to address any barriers identified.
(e) An agency's completion of an Environmental
Justice Strategic Plan and Environmental Justice
Assessment shall satisfy the requirements of section 1-
103 of Executive Order 12898.
(f) The Environmental Justice Scorecard established
under section 223(d) of Executive Order 14008 shall
address agency progress toward achieving the goals
outlined in this order and shall include, among other
items, a section on agencies' Environmental Justice
Strategic Plans and Environmental Justice Assessments.
(g) The Chair of CEQ may request additional
periodic reports, information, or evaluations on
environmental justice issues from agencies.
(h) Independent regulatory agencies are strongly
encouraged to comply with the provisions of this order
and to provide a notice to the Chair
[[Page 25257]]
of CEQ of their intention to do so. The Chair of CEQ
shall make such notices publicly available and maintain
a list online of such agencies.
Sec. 5. Research, Data Collection, and Analysis to
Advance Environmental Justice. (a) To address the need
for a coordinated Federal strategy to identify and
address gaps in science, data, and research related to
environmental justice, the Director of the Office of
Science and Technology Policy (OSTP) shall establish an
Environmental Justice Subcommittee of the National
Science and Technology Council (Environmental Justice
Subcommittee).
(i) The Director of OSTP, in consultation with the Chair of CEQ, shall
designate at least two co-chairs of the Environmental Justice Subcommittee
and may designate additional co-chairs as appropriate. The membership of
the Subcommittee shall consist of representatives of agencies invited by
the Director, in consultation with the Chair of CEQ.
(ii) The Environmental Justice Subcommittee and the Interagency Council
described in section 7 of this order shall hold an annual summit on the
connection of science, data, and research with policy and action on
environmental justice.
(iii) The Environmental Justice Subcommittee shall prepare, and update
biennially, an Environmental Justice Science, Data, and Research Plan
(Research Plan) to:
(A) analyze any gaps and inadequacies in data collection and scientific
research related to environmental justice, with a focus on gaps and
inadequacies that may affect agencies' ability to advance environmental
justice, including through the Environmental Justice Strategic Plans
required under section 4 of this order;
(B) identify opportunities for agencies to coordinate with the research
efforts of State, Tribal, territorial, and local governments; academic
institutions; communities; the private sector; the non-profit sector; and
other relevant actors to accelerate the development of data, research, and
techniques--including consideration of Indigenous Knowledge--to address
gaps and inadequacies in data collection and scientific research that may
affect agencies' ability to advance environmental justice;
(C) provide recommendations to agencies on the development and use of
science, data, and research to support environmental justice policy and the
agency responsibilities outlined in section 3 of this order;
(D) provide recommendations to the Chair of CEQ on data sources to
include in the Climate and Economic Justice Screening Tool established
pursuant to section 222(a) of Executive Order 14008;
(E) provide recommendations to agencies on ethical standards, privacy
protections, and other requirements for the development and use of science,
data, and research addressed in the Research Plan, including
recommendations with respect to engaging in consultation with and obtaining
consent of Tribal Nations; and
(F) provide recommendations to agencies on:
(1) encouraging participatory science, such as research or data collection
undertaken by communities or the public, and, as appropriate, integrating
such science into agency decision-making processes;
(2) taking steps to ensure or encourage, as appropriate, that collections
of data related to environmental justice include data from the Territories
and possessions of the United States;
(3) improving the public accessibility of research and information produced
or distributed by the Federal Government, including through the use of
machine-readable formats, where appropriate;
(4) disaggregating environmental risk, exposure, and health data by race,
national origin, income, socioeconomic status, age, sex, disability, and
other readily accessible and appropriate categories;
(5) identifying and addressing data collection challenges related to
patterns of historical or ongoing racial discrimination and bias;
[[Page 25258]]
(6) analyzing cumulative impacts (including risks) from multiple sources,
pollutants or chemicals, and exposure pathways, and accounting for non-
chemical stressors and current and anticipated climate change;
(7) in collaboration with Tribal Nations, as appropriate, collecting,
maintaining, and analyzing information on consumption patterns of fish,
wildlife, and plants related to subsistence and cultural practices of
Tribal and Indigenous populations;
(8) providing opportunities for meaningful engagement for communities with
environmental justice concerns on the development and design of data
collection and research strategies relevant to those communities; and
(9) implementing sections 3-3 and 4-4 of Executive Order 12898 in an
efficient and effective manner.
(b) Consistent with sections 3-3 and 4-4 of
Executive Order 12898, each agency shall take
appropriate steps, considering the recommendations of
the Environmental Justice Subcommittee, to promote the
development of research and data related to
environmental justice, including enhancing the
collection of data, supporting the creation of tools to
improve the consideration of environmental justice in
decision-making, providing analyses of cumulative
impacts and risks, and promoting science needed to
inform decisions that advance environmental justice.
(c) When conducting research and data collection in
furtherance of the directives in this order and
Executive Order 12898, agencies shall comply with
applicable regulations and directives, including those
related to standards of ethics for the protection of
human subjects, such as those set forth in Executive
Order 12975 of October 3, 1995 (Protection of Human
Research Subjects and Creation of National Bioethics
Advisory Commission), and the Presidential Memorandum
of January 27, 2021 (Restoring Trust in Government
Through Scientific Integrity and Evidence-Based
Policymaking).
Sec. 6. Community Notification on Toxic Chemical
Releases. To ensure that the public, including members
of communities with environmental justice concerns,
receives timely information about releases of toxic
chemicals that may affect them and health and safety
measures available to address such releases:
(a) Each agency shall report in accordance with
sections 301 through 313 of EPCRA after considering
applicable EPA guidance and without regard to the
Standard Industrial Classification or North American
Industry Classification System delineations.
(b) No later than 6 weeks following a release
requiring notification by an agency under section
304(a) of EPCRA, the notifying agency shall hold a
public meeting providing the information required under
section 304(b)(2) of EPCRA, including information on
the nature of the release, known or anticipated health
risks, and the proper precautions to take as a result.
The agency shall provide notice of a public meeting no
later than 72 hours after a release.
(c) The Administrator of EPA shall evaluate
available legal authorities and consider any additional
steps it may require or encourage non-Federal
facilities that report releases under EPCRA to
undertake in connection with the report.
(d) The Administrator of EPA shall provide the
Environmental Justice Subcommittee established by
section 5 of this order with an annual report on trends
in data in the Toxic Release Inventory established by
section 313 of EPCRA to inform the development of the
Research Plan required under section 5(a)(iii) of this
order.
Sec. 7. White House Environmental Justice Interagency
Council. (a) Section 1-102(b) of Executive Order 12898,
as amended by section 220(a) of Executive Order 14008,
and further amended by section 4(b) of Executive Order
14082, creating the White House Environmental Justice
Interagency Council, is amended to read as follows:
[[Page 25259]]
``(b) Membership. The Interagency Council shall
consist of the following additional members:
(i) the Secretary of State;
(ii) the Secretary of Defense;
(iii) the Attorney General;
(iv) the Secretary of the Interior;
(v) the Secretary of Agriculture;
(vi) the Secretary of Commerce;
(vii) the Secretary of Labor;
(viii) the Secretary of Health and Human Services;
(ix) the Secretary of Housing and Urban Development;
(x) the Secretary of Transportation;
(xi) the Secretary of Energy;
(xii) the Secretary of Veterans Affairs;
(xiii) the Secretary of Homeland Security;
(xiv) the Administrator of the Environmental Protection Agency;
(xv) the Director of the Office of Management and Budget;
(xvi) the Chair of the Council of Economic Advisers;
(xvii) the Administrator of General Services;
(xviii) the Executive Director of the Federal Permitting Improvement
Steering Council;
(xix) the Director of the Office of Science and Technology Policy;
(xx) the Assistant to the President and National Climate Advisor;
(xxi) the Assistant to the President for Domestic Policy;
(xxii) the Assistant to the President for Economic Policy;
(xxiii) the Executive Director of the White House Gender Policy Council;
(xxiv) the Senior Advisor to the President for Clean Energy Innovation and
Implementation; and
(xxv) other relevant agency heads as determined by the Chair of CEQ.''
(b) Section 1-102(d) of Executive Order 12898, as
amended by section 220(a) of Executive Order 14008, is
further amended by adding the following sentence at the
end: ``The Interagency Council shall support and
facilitate interagency collaboration on programs and
activities related to environmental justice, including
the development of materials for environmental justice
training to build the capacity of Federal employees to
advance environmental justice and to increase the
meaningful participation of individuals from
communities with environmental justice concerns in
Federal activities.''
(c) Section 1-102(g) of Executive Order 12898, as
amended by section 220(a) of Executive Order 14008, is
amended to read as follows: ``Officers. The head of
each agency on the Interagency Council shall designate
an Environmental Justice Officer within the agency with
the authority to represent the agency on the
Interagency Council and with the responsibility for
leading agency planning and implementation of the
agency's Environmental Justice Strategic Plan,
coordinating with CEQ and other agencies, and
performing such other duties related to advancing
environmental justice as the head of the agency deems
appropriate.''
(d) Section 1-102 of Executive Order 12898, as
amended by section 220(a) of Executive Order 14008, is
further amended by adding the following at the end:
[[Page 25260]]
``(h) Memorandum of Understanding. The Interagency
Council shall adopt a Memorandum of Understanding among
its members that sets forth the objectives, structure,
and planned operations of the Interagency Council.
(i) Public meetings. In coordination with the White
House Environmental Justice Advisory Council, the
Interagency Council shall hold at least one public
meeting per year. The Interagency Council shall
prepare, for public review, a summary of the comments
and recommendations discussed at public meetings of the
Interagency Council.
(j) Clearinghouse. The Administrator of EPA, in
coordination with the Interagency Council, shall, no
later than March 31, 2024, establish a public,
internet-based, whole-of-government clearinghouse
composed of culturally and linguistically appropriate
and accessible materials related to environmental
justice, including:
(i) information describing the activities of the members of the Interagency
Council to address issues relating to environmental justice;
(ii) information on technical assistance, tools, and resources to assist
communities with environmental justice concerns in building capacity for
public participation;
(iii) copies of training materials developed by the Interagency Council or
its members to help individuals and employees understand and carry out
environmental justice activities; and
(iv) any other information deemed appropriate by the Administrator, in
coordination with the Interagency Council.''
(e) Section 5-5(a) of Executive Order 12898 is
amended to read as follows: ``The public may submit
recommendations to Federal agencies relating to the
incorporation of environmental justice principles into
Federal agency programs or policies. Each Federal
agency shall convey such recommendations to the
Interagency Council.''
Sec. 8. White House Office of Environmental Justice.
(a) The White House Office of Environmental Justice is
hereby established within CEQ.
(b) The Office shall be headed by a Federal Chief
Environmental Justice Officer, who shall be appointed
by the President. The Federal Chief Environmental
Justice Officer shall advance environmental justice
initiatives, including by coordinating the development
of policies, programs, and partnerships to achieve the
policies set forth in this order; identifying
opportunities for collaboration and coordination with
State, Tribal, territorial, and local governments;
supporting the Interagency Council; and advising the
Chair of CEQ and the Interagency Council on
environmental justice matters.
(c) The heads of all agencies shall cooperate with
the Federal Chief Environmental Justice Officer and
provide such information, support, and assistance as
the Federal Chief Environmental Justice Officer may
request, as appropriate.
Sec. 9. Guidance. Within 6 months of the date of this
order, the Chair of CEQ shall issue interim guidance,
in consultation with the Interagency Council, to inform
agency implementation of this order, and shall request
recommendations on the guidance from the White House
Environmental Justice Advisory Council established by
Executive Order 14008 (Advisory Council). To reduce
redundancy and streamline reporting obligations, the
interim guidance shall identify ways for agencies to
align other related efforts, such as obligations that
agencies may have under Executive Order 13985 and
Executive Order 14008. Within 18 months of the date of
this order, the Chair of CEQ shall issue final guidance
after considering any recommendations of the Advisory
Council. The Chair of CEQ may revise any guidance, or
issue additional guidance under this order, as
appropriate, and shall consider any additional
recommendations made by the Advisory Council in issuing
or revising guidance under this section.
Sec. 10. Reports to the President. Within 1 year of the
date for the submission of agency Environmental Justice
Strategic Plans to the Chair of CEQ under
[[Page 25261]]
section 4(a) of this order, the Chair shall, after
consultation with the Interagency Council and after
considering recommendations from the Advisory Council,
submit to the President a report that describes the
implementation of this order, includes each agency's
Environmental Justice Strategic Plan, provides
recommendations for additional steps to advance
environmental justice, and, beginning with the second
report, also provides any insights gathered from each
agency's Environmental Justice Assessment required
under section 4(d) of this order.
Sec. 11. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
April 21, 2023.
[FR Doc. 2023-08955
Filed 4-25-23; 8:45 am]
Billing code 3395-F3-P