
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:
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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).
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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.
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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.
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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.
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E.O. 12898 -
An Example of the Incorporation of Environmental Justice in the
NEPA Process |
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