"Environmental Justice," often called "EJ" for short, means avoiding, to the extent possible, disproportionate adverse environmental impacts on low income populations and minority communities. The environmental jusWice movement sprang from the recognition -- forced on the government by affected groups and their advocates -- that environmentally damaging, unhealthy, and dangerous projects were often sited in, or sited where they could have major effects on, the environments of low-income groups and minority people. This recognition led to a number of government actions to correct the problem, notably the issuance of Executive Order 12898. Under the Executive Order, and a Presidential Memorandum issued with it, agencies are required to make special efforts in NEPA analyses to address the environmental concerns of "EJ" populations -- low income communities, neighborhoods, and groups and minority communities. The Environmental Protection Agency (EPA), Department of Justice (DOJ) and Council on Environmental Quality (CEQ) cooperate in issuing guidance and providing training regarding EJ matters.

Projects subject to review under NEPA (and NHPA, and other legal authorities) often have the potential for disproportionate impacts on cultural resources important to low income populations and minority communities, for example:

• an urban neighborhood whose character reflects the values of a minority group;
• a river or mountain of cultural importance to an Indian tribe;
• the traditional lifestyle of a minority community;
• a place where a low-income community carries on traditional fishing, hunting, or other subsistence activities; or
• an archeological site representing the ancestors of a minority community.

Impacts on such a cultural resource would require special consideration in a NEPA analysis, regardless of whether the resource is a property eligible for inclusion in the National Register of Historic Places. Where the resource IS a National Register eligible property, special consideration should be given it under NHPA as well.

"Special consideration" doesn't necessarily mean avoiding the adverse effect altogether, but it does mean doing what the agency realistically can do to avoid, reduce, or otherwise mitigate adverse effects, and it means taking special pains to consult with the affected group or community in a manner designed to overcome language, cultural, and economic barriers to full participation in decision making. Meetings should be scheduled to accommodate participation, for example, documents should be translated as needed, interpreters should be provided, and the cultural values and modes of communication of the group should be respected.

There are no government-wide regulations for ensuring environmental justice; agencies are simply supposed to address EJ concerns in carrying out their planning, reviews, and decision making under NEPA, NHPA, and other authorities.