Executive Order 12898 - Guidance

Executive Order 12898 (59 FR 7629 (1994), “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” states that “each Federal agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high adverse human health and environmental effects of its programs, policies, and activities on minority populations and low income populations.”  Furthermore, the Secretary directed in an August 17, 1994, memorandum to all bureaus that these environmental justice (EJ) concerns are to be included in National Environmental Policy Act (NEPA) documentation. In February 1998, the Council on Environmental Quality (CEQ) issued guidance to assist Federal Agencies in addressing EJ in their NEPA procedures.

The issue of disproportionate Outer Continental Shelf (OCS)-related impacts is primarily focused on Alaska where subsistence hunting, fishing, and gathering activities occur in coastal areas. However, EJ concerns must also be considered anywhere OCS projects and associated NEPA documentation occur.

Information on EJ requirements (e.g., the 1995 Department’s “Environmental Compliance Memorandum No. ECM95-3" and the 1998 CEQ guidance) has been distributed and should be used in preparing NEPA compliance documents.

Some important elements of EJ compliance include the following:

	EJ is to be analyzed and evaluated in “all environmental documents” (ECM95-3). Mitigation measures outlined or analyzed in an Environmental Assessment, Environmental Impact Statement (EIS), or Record of Decision, whenever feasible, should address significant and adverse effects of proposed OCS actions on minority communities and low income communities (Presidential Memorandum accompanying Executive Order 12898).
	Consultation needs to be conducted with affected EJ groups to identify potential impacts and mitigating measures.  The results of these consultations should be included in the NEPA documents.
	In consultation with Indian tribal groups (including Alaska Native tribes), we must comply with Executive Order 13084 63 FR 27655 (1998) which requires that these groups be treated as “governments,” not just special interest groups. The Department is drafting guidance (“Departmental Responsibilities for Government-to-Government Consultation with Tribal Governments”) to implement E.O. 13084.
	In accordance with its responsibility to review and rate all Federal EISs (309 Clean Air Act review), the U.S. Environmental Protection Agency (EPA) is required to ensure that Agencies like MMS include an adequate EJ consideration in their analyses. The EPA has issued guidance that it uses to conduct these reviews.
	E.O. 12898 - An Example of the Incorporation of Environmental Justice in the NEPA Process