[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87445-87448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27628]


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DEPARTMENT OF HOMELAND SECURITY

[Docket ID: DHS-2023-0048]


Request for Information Regarding Department of Homeland Security 
Activities and Advancing Environmental Justice

AGENCY: Department of Homeland Security (DHS).

ACTION: Request for information regarding Department of Homeland 
Security Activities and Advancing Environmental Justice.

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SUMMARY: The Department of Homeland Security (DHS or Department) is 
comprised of 15 Operational and Support Components with far-reaching 
programs and activities. With this Request for information (RFI), DHS 
is seeking public comment and feedback on how environmental justice is 
considered Department-wide, how it can provide opportunities for 
meaningful engagement in decision-making, and what to include in the 
next DHS Environmental Justice Strategy. The public is encouraged to 
provide input in response to the questions in this RFI and to share 
barriers and challenges, successes, suggestions, and ideas. DHS will 
use this information to help improve and advance the Department's 
environmental justice program, conduct meaningful engagement, and 
address environmental justice challenges that communities are facing.

DATES: Comments are requested on or before 60 days after publication of 
this RFI and must be received no later than 11:59 p.m. eastern time 
(ET) on February 16, 2024. DHS will not reply individually to 
responders but will consider all comments submitted by the deadline. 
DHS will consider comments received after this date for future advisory 
communications and outreach efforts to the extent possible.

ADDRESSES: Any information obtained from this RFI is intended for 
Government planning and strategy development. Response to this RFI is 
voluntary. Respondents may answer as many or as few questions as they 
wish. Comments of five pages or fewer are requested. Comments must be 
identified with the Agency's name and Docket Number DHS-2023-0048 and 
may be sent to DHS via the Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. All public comments received are subject to the Freedom of 
Information Act and will be posted in their entirety

[[Page 87446]]

at https://www.regulations.gov, including any personal and/or business 
confidential information provided. Do not include any information you 
would not like to be made publicly available.
    Email: [email protected] include Environmental 
Justice RFI in the message's subject line. Email submissions should be 
machine-readable (i.e., in PDF or Microsoft Word format) and not 
copyright-protected.
    Mail or Hand Delivery: Please note that DHS will not accept any 
comments that are hand-delivered, mailed, or couriered. In addition, 
DHS cannot accept comments contained on any form of digital media 
storage devices, such as CDs/DVDs and USB drives. If you cannot submit 
your comment using https://www.regulations.gov, please email 
[email protected] for alternate instructions.

FOR FURTHER INFORMATION CONTACT: Sarah Koeppel, Senior Environmental 
Protection Specialist, by phone at 202-868-2759, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Executive Order (E.O.) 14096,\1\ Revitalizing Our Nation's 
Commitment to Environmental Justice for All, signed April 21, 2023, 
defines ``environmental justice'' as 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:
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    \1\ 88 FR 25251, April 26, 2023.
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    (1) 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
    (2) 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.
    E.O. 12898,\2\ Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations, was issued in 1994 and 
was the first executive order to recognize environmental justice 
concerns. This E.O. required Federal agencies to consider environmental 
justice impacts in their planning and decision-making processes, and 
set the stage for future guidance, policies, and E.O.s focused on 
identifying disproportionately high and adverse impacts. With the 
issuance of E.O. 14096, the White House called on the Federal 
Government to bring clean energy and healthy environments to all and to 
recognize, undo, and mitigate harm to those who have disproportionately 
suffered from toxic pollution and other environmental burdens like 
climate change. To better focus Federal agency resources and attention 
on the needs and priorities of marginalized and overburdened 
communities, the White House also launched the White House Campaign for 
Environmental Justice.
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    \2\ 59 FR 7629, February 16, 1994.
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DHS and Environmental Justice

    DHS Components include: U.S. Citizenship and Immigration Services 
(USCIS), U.S. Coast Guard (USCG), U.S. Customs and Border Protection 
(CBP), Cybersecurity and Infrastructure Security Agency (CISA), Federal 
Emergency Management Agency (FEMA), Federal Law Enforcement Training 
Center (FLETC), U.S. Immigration and Customs Enforcement (ICE), U.S. 
Secret Service (USSS), Transportation Security Administration (TSA), 
Management Directorate, Science and Technology Directorate (S&T), 
Countering Weapons of Mass Destruction Office (CWMD), Office of 
Intelligence and Analysis (I&A), Office of Homeland Security 
Situational Awareness (OSA), Office of Health Security (OHS), Office of 
the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), and 
Office of the Immigration Detention Ombudsman (OIDO).
    As a reflection of the many and varied DHS Components, DHS programs 
and activities are far-reaching and include:
    (1) maritime safety, security, and stewardship;
    (2) the administration of federally assisted programs;
    (3) emergency management programs;
    (4) border security;
    (5) transportation security;
    (6) immigration services;
    (7) law enforcement training;
    (8) science and technology research;
    (9) cyber security and infrastructure security; and
    (10) mission support and asset management.
    The Department's ability to identify and advance environmental 
justice arises principally through environmental review during 
compliance with the National Environmental Policy Act (42 U.S.C. 4321-
4347); compliance and enforcement related to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794 et seq.), as amended and 
other applicable Federal civil rights authorities in connection with 
programs and activities funded by DHS financial assistance to State, 
Tribal, Territorial, local governments, and other recipients; 
environmental compliance and remediation activities; and regulatory 
permitting. Examples of DHS programs, policies, and activities in which 
environmental justice consideration may arise include concerns about 
air and/or water quality related to DHS buildings or operations; DHS's 
storage, replacement, removal, and transportation of hazardous 
materials; disruption to communities due to DHS goods movement; 
restoration and remediation of impacts from ongoing DHS activities and 
legacy contamination; equitable resilience and recovery programs and 
activities carried out by DHS and/or recipients of DHS financial 
assistance following a flood or other disaster or emergency, for 
example, new construction, demolition of property, or relocation of 
communities; or strengthening resilience to climate change and other 
natural and human-made disruptive events.
    The DHS Environmental Justice Program is co-led by the Office of 
the Chief Readiness Support Officer (OCRSO) and the Office for Civil 
Rights and Civil Liberties (CRCL). Recognizing that the incorporation 
of environmental justice policies may differ across the Department 
depending on a Component's mission, the DHS Environmental Justice 
Program promotes a comprehensive, consistent, and adaptive strategy 
among DHS Components through training, ongoing policy development to 
incorporate environmental justice considerations, and strong 
partnerships with various stakeholders.

II. Purpose of RFI

    DHS is interested in receiving input from the public on any 
perceived environmental impacts that the public believes result from 
DHS mission programs and activities and/or those programs and 
activities funded by DHS. DHS is issuing this RFI to receive input from 
the public, specifically on any interests, concerns, and perspectives 
about:
    (1) how DHS addresses environmental justice Department-wide,
    (2) how it can provide opportunities for meaningful engagement in 
decision-making processes that may affect human health or the 
environment, and

[[Page 87447]]

    (3) what should be included in the next DHS Environmental Justice 
Strategy.
    DHS seeks engagement and collaboration with communities with 
environmental justice concerns who are potentially affected by DHS 
mission programs and activities and/or those programs and activities 
funded by DHS. DHS may use the information to evaluate, implement, 
modify, expand, and/or streamline its policies, practices, and 
processes to promote meaningful involvement, establish new and 
strengthen community partnerships, and inform its update to the DHS 
Environmental Justice Strategy and other policymaking.
    This effort will enable DHS to further implement E.O. 12898; E.O. 
13985,\3\ Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government; E.O. 13990,\4\ Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis; E.O. 14008,\5\ Tackling the Climate Crisis at Home and 
Abroad; E.O. 14052,\6\ Implementation of the Infrastructure Investment 
and Jobs Act; E.O. 14057,\7\ Catalyzing Clean Energy Industries and 
Jobs Through Federal Sustainability; E.O. 14082,\8\ Implementation of 
the Energy and Infrastructure Provisions of the Inflation Reduction Act 
of 2022; E.O. 14091,\9\ Further Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government; and E.O. 14096, 
Revitalizing Our Nation's Commitment to Environmental Justice For All.
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    \3\ 86 FR 7009, January 25, 2021.
    \4\ 86 FR 7037, January 25, 2021.
    \5\ 86 FR 7619, February 1, 2021.
    \6\ 86 FR 64335, November 18, 2021.
    \7\ 86 FR 70935, December 13, 2021.
    \8\ 87 FR 56861, September 16, 2022.
    \9\ 88 FR 10825, February 22, 2023.
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III. Key Questions for Input

    DHS seeks to establish new goals and objectives to support 
resilient communities and provide meaningful participation for all 
persons in DHS decision-making processes that may affect human health 
or the environment. A central goal of DHS's existing Environmental 
Justice Strategy is to build resilience and promote adaptation in low-
income and minority communities. The Department's environmental justice 
program must evolve as the environmental justice landscape evolves due 
to climate change, new scientific developments, and an increased policy 
focus on environmental justice and equity throughout the Federal 
Government. In brief, new and more ambitious approaches are essential, 
with concrete, meaningful steps needed to advance environmental 
justice.
    The five identified environmental justice strategy goals listed in 
the FY 2021-2025 DHS Environmental Justice Strategy \10\ include 
objectives and outcomes that will help the Department advance equity 
and environmental justice:
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    \10\ https://www.dhs.gov/publication/dhs-environmental-justice-strategy-fiscal-years-2021-2025.
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    (1) Expand Department-wide awareness of environmental justice 
considerations that might result from its programs, policies, and 
activities.
    (2) Further the integration of environmental justice principles 
into DHS lines of business, prominently including mitigation, 
adaptation, and resilience.
    (3) Strengthen outreach to communities, organizations, and interest 
groups through public engagement.
    (4) Expand collaboration and knowledge-sharing with interagency 
partners to efficiently focus Department resources and technical 
assistance.
    (5) Integrate environmental justice principles into Departmental 
climate change initiatives.

Engagement/Collaboration

    (1) What are examples of successful collaborations between Federal 
agencies and Tribal, Territorial, local, and State governments or 
communities with environmental justice concerns?
    (2) How can DHS enhance public participation in decision-making 
that impacts human health and the environment?
    (3) What resources and technical assistance are needed regarding 
Departmental activities that may impact environmental justice 
communities to plan meaningful engagement with community organizations 
and interest groups?
    (4) How can DHS more effectively engage and collaborate with 
underserved communities with environmental justice concerns, including 
communities with members of various races, religions, gender 
identities, and national origins?
    (5) How can DHS better engage and collaborate effectively with 
Tribes, both federally and non-federally recognized, Native Hawaiian 
organizations, and Indigenous Peoples, including Indigenous migrant 
communities?
    (6) How can DHS better engage with individuals with disabilities 
and integrate disability considerations into its decision-making?

Assessing Existing DHS Programs

    (1) How can DHS better understand and integrate environmental 
justice concerns and evaluate the potential for disproportionate 
effects on communities with these concerns when preparing documentation 
in accordance with the National Environmental Policy Act of 1969?
    (2) How can DHS increase recipient, e.g., grantee of DHS funding, 
awareness of environmental justice considerations and responsibilities 
with respect to disabilities, such as under section 504 of the 
Rehabilitation Act of 1973 \11\ in federally assisted programs?
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    \11\ The Rehabilitation Act of 1973 prohibits discrimination 
based on disability in federally assisted and conducted programs.
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    (3) How can DHS increase recipient, e.g., grantee of DHS funding, 
awareness of environmental justice considerations, and responsibilities 
with respect to race, color, and national origin, such as under title 
VI of the Civil Rights Act of 1964 \12\ in federally assisted programs 
and activities, including obligations to people who are limited English 
proficient?
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    \12\ Title VI of the Civil Rights Act of 1964, as amended, 
prohibits discrimination based on race, color, or national origin in 
programs and activities received Federal financial assistance.
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    (4) How can DHS assist communities with environmental justice 
concerns to receive Justice40 \13\ benefits?
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    \13\ The Justice 40 Initiative, established under E.O. 14008, 
commits the Federal Government to directing 40% of the benefits from 
certain Federal investments, such as clean energy and energy 
efficiency; clean transit; affordable and sustainable housing; 
training and workforce development; remediation and reduction of 
legacy pollution; and development of critical clean water and 
wastewater infrastructure, to communities with environmental justice 
concerns. There are four covered programs within DHS/FEMA, including 
the Building Resilient Infrastructure and Communities, Flood 
Mitigation Assistance, FEMA Risk Mapping, Assessment and Planning, 
and the Regional Catastrophic Preparedness Grant Program.
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    (5) How should DHS consider environmental justice during building, 
facility, and land management and operations and maintenance 
activities?
    (6) Do you have suggestions for changes to DHS's current programs, 
regulations, or policies that would combat climate change, bolster 
underserved communities' resilience to climate change, or help 
communities adapt to its impacts?

DHS Environmental Justice Strategy

    (1) Please provide additional feedback on the vision, framework, 
and outcomes of the DHS Environmental Justice

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Strategy for Fiscal Years 2021-2025 \14\ and the DHS Environmental 
Justice Annual Implementation Report for Fiscal Year 2022.\15\
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    \14\ https://www.dhs.gov/publication/dhs-environmental-justice-strategy-fiscal-years-2021-2025.
    \15\ https://www.dhs.gov/publication/environmental-justice-annual-implementation-report-fiscal-year-2022.
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    (2) What other strategic goals should DHS include in the next 
Environmental Justice Strategy to advance environmental justice?
    (3) How can DHS better address environmental justice concerns 
through its environmental review of the impact of operations, financial 
assistance to State, local, and Tribal governments, and regulatory 
permitting activities?
    (4) In addition to the nine program areas identified in DHS 
Directive 023-04, Environmental Justice, are there other DHS programs 
where DHS could incorporate environmental justice policies and 
considerations?

IV. Written Comments

    You may respond to some or all questions listed in this RFI. Please 
ensure your response is clear and indicate which question you are 
responding to. You may also include links to online materials and 
should ensure all links are publicly available. Each response should 
include:
    (1) the name of the individual(s) and/or organization(s) 
responding;
    (2) policy suggestions that your submission and materials support; 
and
    (3) a contact for questions or other follow-up on your response.
    Please note that this RFI is only a planning document and should 
not be construed as policy, a solicitation for proposals, or an 
obligation by DHS or the Federal Government.

V. Review of Public Feedback

    DHS encourages all potentially interested parties--individuals, 
associations, State, local, Tribal, and Territorial governmental 
organizations, non-governmental organizations, academic institutions, 
and private sector entities--to respond. DHS may use the feedback 
received to help further environmental justice initiatives, consider 
reforms, and update the Department's Environmental Justice Strategy in 
accordance with recent Executive Orders on environmental justice and 
equity. This RFI is used solely for information-gathering purposes, and 
DHS is not initiating a rulemaking at this time. Public input in 
response to this RFI does not bind DHS to take any further actions, 
including publishing a formal response or initiating a recommended 
change. DHS will consider the feedback received and may make changes or 
process improvements at its sole discretion.

Thomas D. Chaleki,
Chief Readiness Support Officer, Department of Homeland Security.
[FR Doc. 2023-27628 Filed 12-15-23; 8:45 am]
BILLING CODE 9112-FF-P