Notice2023-27628
Request for Information Regarding Department of Homeland Security Activities and Advancing Environmental Justice
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 18, 2023
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
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[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87445-87448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. Do not include any information you
would not like to be made publicly available.
Email: <a href="/cdn-cgi/l/email-protection#42060a11072c342b302d2c2f272c36232e083731362b2127022a336c262a316c252d34"><span class="__cf_email__" data-cfemail="05414d56406b736c776a6b68606b7164694f7076716c6660456d742b616d762b626a73">[email protected]</span></a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please email
<a href="/cdn-cgi/l/email-protection#5b1f13081e352d32293435363e352f3a37112e282f32383e1b332a753f3328753c342d"><span class="__cf_email__" data-cfemail="084c405b4d667e617a6766656d667c6964427d7b7c616b6d486079266c607b266f677e">[email protected]</span></a> for alternate instructions.
FOR FURTHER INFORMATION CONTACT: Sarah Koeppel, Senior Environmental
Protection Specialist, by phone at 202-868-2759, or by email at
<a href="/cdn-cgi/l/email-protection#9bdfd3c8def5edf2e9f4f5f6fef5effaf7d1eee8eff2f8fedbf3eab5fff3e8b5fcf4ed"><span class="__cf_email__" data-cfemail="3c78746f79524a554e5352515952485d5076494f48555f597c544d1258544f125b534a">[email protected]</span></a>.
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\ <a href="https://www.dhs.gov/publication/dhs-environmental-justice-strategy-fiscal-years-2021-2025">https://www.dhs.gov/publication/dhs-environmental-justice-strategy-fiscal-years-2021-2025</a>.
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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\ <a href="https://www.dhs.gov/publication/dhs-environmental-justice-strategy-fiscal-years-2021-2025">https://www.dhs.gov/publication/dhs-environmental-justice-strategy-fiscal-years-2021-2025</a>.
\15\ <a href="https://www.dhs.gov/publication/environmental-justice-annual-implementation-report-fiscal-year-2022">https://www.dhs.gov/publication/environmental-justice-annual-implementation-report-fiscal-year-2022</a>.
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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
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