E.O. 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,
CEQ issued
guidance
to assist Federal agencies in addressing EJ in their NEPA procedures.
The issue of disproportionate, 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 (including the Pacific and Gulf of Mexico Regions)
where 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 EA's, EIS's, or Record of Decision (ROD), 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, and 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 the E.O. 13084.
|
| In accordance with its responsibility to review and
rate all federal EIS's (309 Clean Air Act review), EPA is required to
ensure that agencies (like MMS) include an adequate EJ consideration it
their analyses. The EPA has issued
guidance that it uses to conduct these reviews. |
