Environmental Justice at Other Agencies
Click here to return to EELP’s Federal Environmental Justice Tracker.
As part of Biden’s whole-of-government approach to tackling climate change and environmental injustice, non-environmental agencies are playing an increasingly important role. For example, USDA is working to develop a new revolving loan fund to assist owners of heirs’ property, FERC is finally building out its Office of Public Participation, and HHS has established a new Office of Climate Change and Health Equity. Some of these programs were explicitly mandated by law or by President Biden via executive order; others are discretionary decisions made by agency leadership.
These lists are not comprehensive. We include only those efforts with an explicit connection to addressing climate and environmental justice, and will be tracking these agencies less actively than those listed on the main EJ Tracker page.
US Army Corps of Engineers (USACE)
- Feb. 15, 2024 The Army Corps of Engineers issued a proposed rule establishing Agency Specific Procedures (ASPs) that formalize the Principles, Requirements and Guidelines (PR&G) by which water resource projects are evaluated. ACE emphasized that environmental justice is “one of the Guiding Principles of the PR&G and this proposed rule”. To that end, the proposed rule “directs that environmental justice considerations shall be incorporated into all phases of the planning process and decision-making for Corps Civil Works programs.” The ASPs will provide guidance on which projects are subject to PR&G, pursuant to the Water Resources Development Act of 2020. Learn more about the proposed rule establishing ASPs here .Comments on the proposed rule are due Apr. 15, 2024.
- Nov. 17, 2022 The Army Corps and the American Indian Science and Engineering Society sign a partnership agreement to provide Native American students with formal access to Army STEM jobs and educational opportunities. The agreement seeks to provide Native American students with better access to job fairs, career days, as well as projects, labs, and research, while creating employment opportunities with the Army Corps.
- June 3, 2022: The Army Corps is seeking comment on its effort to modernize the Civil Works program, including measures the Army Corps should take related to environmental justice, including the Biden Administration’s Justice40 Initiative. Written comments are due by Aug. 2, 2022 and can be submitted here.
- June 3, 2022: The Army Corps announces it is reasserting jurisdiction over Twin Pines Minerals’ proposal to mine minerals outside the Okefenokee National Wildlife Refuge, one of the world’s largest intact freshwater ecosystems. The Corps says that the project will have to submit new applications for federal permits because the Muscogee Creek Nation had not been properly consulted when the Corps initially granted permits under President Trump.
- Apr. 14, 2022: The Department of Defense (DOD) releases its first ever Equity Action Plan as part of its implementation of Executive Order 13985. The plan highlights five new strategies to advance equity: increasing economic opportunities for small businesses and expanding contracting with individuals with disabilities; addressing past harms resulting from environmental and other impacts from defense activities; advancing equity for military families; addressing safe and ethical uses of AI technology; and investing in underserved communities and expanding access to the Department’s programs and opportunities. See a summary of DOD’s Equity Action Plan here.
- Dec. 6, 2021: The same day as the first Tribal Nations Summit since 2016, the White House releases a memorandum of understanding (MOU) signed by 17 federal agencies, including the Dept. of Defense, committing to increase consultation and collaboration with Tribes in recognition of existing treaty and reserved rights. The MOU includes agency-specific commitmemts including to create a searchable treaty database, and integrate tribal treaty and reserved rights early into agency decision-making, in particular work to address the climate crisis. (See pp. 3-4 of the MOU for more).
- Aug. 18, 2021: The Army Corps announces that it will require a full environmental impact statement for a large proposed petrochemical complex in St. James Parish, Louisiana, which lies along the infamous “Cancer Alley” between Baton Rouge and New Orleans. The complex, if approved, would be one of the largest source of ethylene oxide, a potent carcinogen, in the US. The review will include an assessment of the project’s disproportionate pollution burdens on nearby majority Black communities.
- April 27, 2021: President Biden nominates former Deputy Interior Secretary Michael Connor as assistant secretary for the Army for Civil Works, and thus responsible for overseeing the Army Corps’ non-military programs, including permitting for pipelines and mines. Connor is an expert in Federal Indian Law and an enrolled member of the Taos Pueblo. During his nomination hearing on July 14, Connor told the Senate Committee on Environment and Public Works that “it’s not equitable” to only consider the economic value of projects that are proposed in overburdened communities.
Denali Commission
- Feb. 16, 2024 Denali Commission released a finding of no significant impact for the Anton Larsen Bay Road Extension. The extension of Anton Larsen Bay Road by 1.7 miles will connect the City of Kodiak with outlying communities, increasing access to services. Public comments can be submitted via email to [email protected] until March 2nd.
- Nov. 13, 2023 The Denali Commission announced $4.9 million in funding assistance for infrastructure projects in rural Alaska that have local match requirements. The program will provide funds to fulfill local match requirements for projects that benefit the Alaska public. Eligible applicants include municipal, borough, and tribal governments, Indian Tribes, and nonprofit organizations. Statements of interest will be reviewed on a rolling basis.
- Sep. 6, 2023 The Denali Commission announced $1.5 million in funding assistance for regional solid waste management planning. Eligible entities include state and political subdivisions, Indian Tribes, and nonprofit organizations. The assistance will help rural communities manage solid waste to decrease risks to drinking water sources and human health. Statements of interest are due Oct. 13, 2023.
- Mar. 20, 2023: The Denali Commission announces its FY 2023 funding opportunity, channeling funds to projects promoting infrastructure, development, and health care for Alaska Native and rural communities. The Funding Opportunity closes Apr. 14, 2023, 11:59 PM AKST.
- Sep. 7, 2022: The Commission announces final recommendations for $30 million in funds allocated to the development of infrastructure in rural communities in Alaska. These funds were disbursed by the Commission as part of the Infrastructure Investment and Jobs Act Program Grants, and the 63 award recipients proposed projects related to health and community wellness, village infrastructure protections, housing, and economic development, among others.
Department of Agriculture (USDA)
- Feb. 12, 2024 USDA announced the Working Lands Climate Corps (WLCC) to train young people in climate-smart agriculture. More than 100 young people will serve with state and local organizations while gaining technical training and exposure to career pathways in climate and conservation. To support this effort, USDA is partnering with AmeriCorps, The Corps Network and the National Association of Conservation Districts (NACD). Organizations interested in hosting WLCC members must submit proposals by 5 PM ET on March 8. Access the proposal submission form here.
- Nov. 14, 2023 USDA announced its contributions to the Fifth U.S. National Climate Assessment (NCA5). USDA’s contributions to the NCA5 focus on the effects of climate change on agriculture and natural resources, particularly on frontline communities that are disproportionately affected by climate change. Click here to read the NCA5 assessment.
- Nov. 9, 2023 USDA announced a Memorandum of Understanding (MOU) with EPA, DOI, and CDC to continue their joint work to protect communities from the impacts of wildfire smoke. Under the MOU, the agencies agreed to coordinate their policies and programs related to the impact of wildfire smoke on communities to foster community preparedness and resilience. The agencies also released a joint plan outlining their wildfire priorities over the next two years. Read the MOU and joint plan on the impacts of wildfire smoke here.
- Sep. 28, 2023 USDA announced over $3 billion in funding available for agricultural producers and forest landowners to participate in voluntary conservation programs and adopt climate-smart practices. The funding is covered under the Biden Administration’s Justice40 Initiative. USDA’s Natural Resources Conservation Service (NRCS) accepts applications for its conservation programs year-round, but producers and landowners interested in this funding should contact their local USDA service center.
- Sep. 14, 2023 USDA invests $1 billion in 385 projects allowing communities to increase access to trees and green spaces. The funding is covered by the Justice40 Initiative and will help to combat the effects of climate change and pollution, with many projects directed toward disadvantaged communities as identified by CEQ’s Climate & Economic Justice Screening Tool.
- Aug. 30, 2023: USDA announces $266 million in loans and grants for agriculture producers and rural small businesses to invest in renewable energy and energy efficiency improvements.
- Aug. 28, 2023: USDA announces $808 million to invest in electric and clean drinking water infrastructure in rural areas. The funding is flowing through several existing loan and grant programs, including the Rural Economic Development Loan and Grant Program.
- Aug. 23, 2023: USDA announces $72.9 million awarded to 55 states and territories under the Specialty Crop Block Grant Program (SCBGP) for projects to support US producers of specific crops. The funded projects include cooking-based education to low-income families in California, and technical training for native youth from the Navajo Nation in Nevada.
- Aug. 22, 2023: USDA announces $150 million to assist “underserved and small acreage” forest landowners to connect to emerging voluntary climate markets. Eligible recipients include Tribal governments and organizations, states, local governments, public and private non-profits, and for-profit entities. For more information, including the Notice of Funding Opportunity (NOFO), click here.
- Aug. 7, 2023: USDA announces $30 million in subgrants to implement the agency’s Health Meals Incentives Initiative. 264 school districts in 44 states and the District of Columbia will receive up to $150,000 to support staff training, kitchen renovations, food preparation spaces, and other efforts. See an online map of the selected districts, and learn more about the grants here.
- June 28, 2023 USDA seeks nominations for members to a new Tribal Advisory Committee, which will provide advice and guidance to the Secretary of Agriculture on matters relating to Tribal and Indian affairs. Nominations will be accepted through Aug. 14, 2023 and can be submitted online at regulations.gov (Docket No. USDA-FRDOC-0001-2845).
- May 22, 2023: USDA announces $394 million in loans and grants through the Rural Partners Network (RPN) to support 52 projects in eight states and Puerto Rico. RPN is an all-of-government program designed to assist rural communities in accessing resources and funding for job creation, infrastructure development, and individual assistance. Selected projects include improvements to water and wastewater services and solar power access on Tribal lands and farms. Click here for the complete list of projects.
- May 16, 2023: USDA announces nearly $11 billion in grants and loan opportunities to support renewable energy development and deployment in rural areas. The funding is available under the Inflation Reduction Act and will be distributed through two programs: the Empowering Rural American (“New ERA”) program, with $9.7 billion available to eligible rural electric cooperatives, and the Powering Affordable Clean Energy (“PACE”) program, with $1 billion in partially forgivable loans (40-60%) to renewable-energy developers and electric service providers. Eligible applicants can submit a Letter of Interest to the New ERA program starting on July 31, 2023 and before Aug. 31. For the PACE program, eligible applicants can submit a Letter of Interest starting on June 30, 2023, on a rolling basis until Sep. 29, 2023.
- May 11, 2023: USDA and Interior jointly announce $2.8 billion under the Great American Outdoors Act (GAOA), including $900 million for the Land and Water Conservation Fund (LWCF), which is jointly managed by Interior and the Forest Service. The LWCF supports locally driven conservation and outdoor recreation projects through grants to states and local governments, and is part of the Justice40 Initiative.
- Apr. 21, 2023: USDA invites public feedback and initiates Tribal consultation on the question of how the Forest Service should adapt current policies to protect, conserve, and manage national forests and grasslands for climate resilience. Comments must be submitted in writing on or before June 20, 2023 at regulations.gov (Docket ID No. FS-2023-0006-0002).
- Apr. 12, 2023: USDA announces $1 billion in grants to increase equitable access to trees and green spaces in urban and community forests. The Justice 40-designated program will employ the Climate and Economic Justice Screening Tool (CEJST) to identify disadvantaged communities to be prioritized for funding. Eligible entities – including but not limited to community-based organizations, tribes, municipal and state governments, nonprofit partners, and universities – may apply through Jun. 1, 2023. The Forest Service will host a series of informational webinars to assist prospective applicants; for more information on the grant programs, see the Forest Service’s website on Urban & Community Forestry Grants.
- Mar. 31, 2023: USDA makes $1 billion in grant funding available as part of the Rural Energy for America Program (REAP) to help farmers, ranchers, and rural businesses invest in renewable energy systems and energy efficiency improvements. USDA will set aside at least 20% of available funds for grant requests of $20,000 or less. USDA is particularly interested in projects that will help rural communities recover economically through more and better market opportunities and improved infrastructure, reduce climate pollution and increase resilience to the impacts of climate change, conserve and protect farmland, and invest in underserved communities. Applications can be submitted at any time throughout the year, though applications for the 20% set aside must be submitted before Mar. 31, 2024.
- Mar. 28, 2023: USDA requests nominations for its Advisory Committee on Minority Farmers, which recommends solutions to challenges experienced by minority farmers and ranchers. Committee members will represent underserved farmers and farming communities and should reflect agricultural diversity in geography, size, scale, and type of production. Nominations may be submitted by email to [email protected] or by first-class mail to Advisory Committee on Minority Farmers, Office of Partnerships and Public Engagement, 1400 Independence Avenue SW, Mail Stop 0601, Washington, DC 20250 by Apr. 24, 2023.
- Mar. 27, 2023: USDA announces $123 million to be provided to distressed farmers with qualifying farm loans facing financial risk due to challenges like natural disasters, the pandemic, or other unexpected situations. This assistance will be provided automatically to Farm Loan Program borrowers who meet certain criteria.
- Mar. 10, 2023: USDA requests applications for its Community Forests and Open Space Conservation Program, through which local governments, qualified nonprofit organizations, and Indian tribes are eligible to apply for grants to establish community forests through the fee simple acquisition of private forest land from a willing seller. Interested applicants must submit applications to their State Forester by Mar. 31, 2023.
- Mar. 10, 2023: USDA announces a $12 million investment in Fiscal Year 2023 to support the Tribal Forest Protection Act (TFPA), including forest and grassland restoration projects, hazardous fuels risk reduction, and cultural and ethnobotanical surveys on Indigenous landscapes. The selected projects will occur in 14 states consistent with the agency’s Tribal Action Plan; each project will be conducted in partnership with specific Tribes. For a list of the selected projects and Tribal Nations, click here.
- Mar. 2, 2023: USDA appoints L’Tonya Davis as its first permanent Chief Diversity and Inclusion Officer (CDIO). The CDIO will spearhead USDA’s diversity, equity, inclusion, and accessibility (DEIA) efforts across the Department, which will include the implementation of USDA’s first-ever DEIA Strategic Plan. Davis has previously served in communications, project management, and inclusion roles at the Food and Drug Administration.
- Mar. 1, 2023: USDA begins next steps in the provision of financial assistance to farmers, ranchers, and forest landowners who have previously experienced discrimination from USDA’s farm lending programs. These steps follow the Inflation Reduction Act’s $2.2 billion allocation to USDA to provide financial assistance to these communities by the end of 2023. USDA will issue contracts to nongovernmental program administrators that will coordinate delivery of the assistance to impacted farmers, ranchers or forest landowners. Organizations such as existing USDA cooperators that are interested in serving as partners to regional hub vendors should send an email to [email protected] by Mar. 10, 2023. USDA will also partner with community-based organizations experienced in agriculture to reach underserved communities. Interested organizations should express their interest via email to [email protected] by Mar. 31, 2023.
- Feb. 28, 2023: The USDA Equity Commission’s Agriculture Subcommittee provides 32 recommendations to remove barriers to inclusion and access at the Department. The recommendations contain a range of ways by which USDA’s headquarters operations, field offices, and program areas can be modified to better serve the needs of the Department’s stakeholders. The Commission plans to publish a Final Report by the end of 2023.
- Feb. 15, 2023: Xochitl Torres Small is nominated to serve as USDA’s Deputy Secretary of Agriculture. Torres Small, who presently serves as Under Secretary for Rural Development, previously served as a United States Representative for New Mexico’s second congressional district, and practiced water and natural resources law. USDA Secretary Vilsack notes that Torres Small, the granddaughter of migrant farm workers, has worked to foster a dedicated and diverse workforce and will use her expertise to make “lasting investments in the people, institutions and infrastructure essential for tribal nations and communities throughout the rural U.S. to thrive,” and “advance equity and opportunity in and for rural America.”
- Feb. 10, 2023: USDA renews its partnership with the American Indian Higher Education Consortium (AIHEC), which represents 36 federally recognized tribal colleges and universities. AIHEC prepares and supports the next generation of agricultural professionals in Indian Country. Through the renewed agreement, USDA and AIHEC will collaborate in improving access to USDA programs and services for tribal colleges and universities.
- Feb. 10, 2023: USDA launches the 2023 application cycle for its Tribal Scholars Program, which provides full tuition, fees, books, a housing stipend, and workforce training to students pursuing degrees in agriculture, food, natural resource sciences, or related academic disciplines. Eligible applicants, including graduating high school seniors, full-time students currently enrolled at a 1994 land grant tribal college or university, or recent graduates of one of these schools, may apply online by April 10, 2023.
- Jan. 26, 2023: USDA makes up to $7.5 million available for planning and implementation grants through the Office of Urban Agriculture and Innovative Production. This funding is available for projects that support food access for communities with limited access to fresh food in urban areas. Applications must be submitted by March 27, 2023.
- Jan. 11, 2023: USDA announces Phase 2 of the Emergency Relief Program, providing $10 billion in aid to producers who suffered crop losses due to wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying droughts in 2020 and 2021. USDA will also offer aid to producers that were impacted by the COVID-19 pandemic through the Pandemic Assistance Revenue Program. Comments must be submitted by Mar. 13, 2023.
- Jan. 11, 2023: USDA announces a new partnership with the National Urban League, an historic civil rights organization, to promote nutrition and food security, increase access to healthy foods, and ensure equitable service delivery of USDA programs in underserved communities. The partnership will also focus on promoting urban agriculture as a means to increase food production and access.
- Dec. 15, 2022: USDA announces a $285 million investment in infrastructure to reduce energy costs and expand access to clean energy for rural communities.. USDA also announces an additional $300 million available through the Rural Energy for America Program to expand renewable energy and aid energy-efficiency projects for rural Americans. Applications may be submitted by March 31, 2023. Applications for loan guarantees are accepted year-round. Interested applicants should contact their local Rural Development State Energy Coordinator in advance of the application deadlines to learn more about the application process.
- Nov. 30, 2022 The Departments of the Interior, Commerce, and Agriculture announce new steps to increase and strengthen tribal participation in the management and stewardship of federal lands and waters. As part of these efforts, the Forest Service signs co-stewardship agreements with thirteen Tribes in an effort to protect tribal interests in their traditional territories that are currently managed by the Forest Service. The Forest Service is currently reviewing 60 more agreements involving 45 Tribes. These announcements come at the 2022 White House Tribal Nations Summit, where the USDA also publishes its first annual report on tribal co-stewardship.
- Nov. 14, 2022: USDA announces new resources and agreements related to the Department’s Indigenous Food Sovereignty Initiative, which promotes traditional food ways, Indian Country food and agriculture markets, and Indigenous health through foods tailored to American Indian/Alaska Native (AI/AN) dietary needs. USDA will partner with tribal-serving organizations on these projects to reimagine federal food and agriculture programs from an Indigenous perspective and inform future USDA programs and policies. The new resources include a users’ manual for interested ranchers, regional seed saving hubs, and instructional media centering on foraging and cooking.
- Nov. 12, 2022: USDA announces a range of new climate-related initiatives at COP27. Among the new initiatives, Secy. Vilsack announced (1) an additional $300 million toward pilots projects that seek to expand markets for climate-smart commodities, leverage the greenhouse gas benefits of climate-smart production and provide direct, meaningful benefits to agriculture, including for small and underserved producers; (2) the launch of an International Climate Hub that will provide information and resources tailored to specific regions and needs, including a focus on the countries and producers most vulnerable to the effects of global climate change; and (3) a $25 million commitment to the Global Fertilizer Challenge which aims to advance innovative fertilizer efficiency and reduce global food insecurity.
- Oct. 27, 2022: Through the Bipartisan Infrastructure Law’s ReConnect Program, USDA awards $759 million to fund high-speed internet access projects in 24 states, Puerto Rico, Guam, and Palau. The tribal recipients include the Cheyenne River Sioux Tribe, the Pawnee Nation of Oklahoma, and the utility authorities for the Navajo Nation and the Tohono O’odham Nation.
- Oct. 18, 2022: USDA announces that financially distressed USDA farm loan borrowers have received nearly $800 million in assistance, as part of the $3.1 billion in assistance for distressed farm loan borrowers provided through the Inflation Reduction Act. USDA additionally seeks to administer up to $500 million more in payments to benefit distressed borrowers whose operations are at financial risk.
- Oct. 14, 2022: Through its 2501 program, USDA invests $36.1 million in grants to 52 organizations for outreach and assistance to underserved and veteran farmers, ranchers, and foresters. Further, through the American Rescue Plan Technical Assistance Investment program, USDA announces an additional $35.1 million investment in cooperative agreements to ensure equitable participation in USDA programs among underserved farmers, ranchers, and forest landowners and operators.
- Oct. 13, 2022: Pursuant to Section 22007 of the Inflation Reduction Act, USDA seeks public input, by Nov. 14, regarding the design and implementation of a program to provide financial assistance for farmers, ranchers, and forest landowners determined to have experienced discrimination in USDA’s farm lending programs.
- Sep. 27, 2022: $500 million in grants will soon be made available to American-made fertilizer producers, as part of the Biden-Harris Administration’s Fertilizer Production Expansion Program. Grants will range between $1-100 million, and will have a term of 5 years. Applicants can find eligibility criteria here. Applications must be submitted through grants.gov, and applications submitted into the first window must be received by Nov. 14, 2022 and second window by Dec. 29, 2022. Potential applicants can register to attend a webinar on Oct. 4, 2022 or Oct. 6, 2022 to learn more about the program.
- Sep. 23, 2022: USDA released its Strategic Roadmap for Increasing Diversity, Equity, Inclusion, and Accessibility, which will be used as a roadmap towards making policy development and service delivery more equitable.
- Sep. 22, 2022: In the latest funding round of the ReConnect Program, USDA announces $502 million in loans and grants to fund high-speed internet access projects for rural residents and businesses in 20 states and on Tribal lands.
- Sep. 14, 2022: USDA invests $2.8 billion in 70 projects under the Partnerships for Climate-Smart Commodities funding opportunity. These projects seek to augment markets for climate-smart commodity production and provide direct benefits to production agriculture, including small and underserved producers.
- Sep. 7, 2022: USDA makes $400 million in funding available to create at least six USDA Regional Food Business Centers, including a national tribal center and at least one center serving each of three targeted areas: Colonias (counties on the US/Mexico border), persistent poverty or other communities of high need/limited resources areas of the Delta and the Southeast, and high need areas of Appalachia as well as centers in other regions of the country. Seeking to advance the Department’s goals of strengthening regional food systems, the Center will provide coordination, technical assistance, and capacity building to help farmers, ranchers, and other food businesses access new markets and navigate federal, state and local resources.
- Aug. 24, 2022: USDA invests $121 million in 289 projects strengthening climate-resilient infrastructure in socially vulnerable communities across the U.S. The investments will assist state and local government entities, nonprofit organizations, and federally recognized Tribes with the construction, renovation or purchase and installation of equipment for essential community facilities for public use in rural areas.
- Aug. 23, 2022: Secy. Vilsack appoints 12 people to the Equity Commission Subcommittee on Rural Community Economic Development (RCED). In collaboration with the Equity Commission, the RCED Subcommittee will make recommendations to the Secretary regarding rural development, persistent poverty, underserved communities, and the disproportionate impact of economic and environmental impacts on these communities.
- Aug. 16, 2022: President Biden signs the Inflation Reduction Act, which allocates $2.2 billion in financial assistance for farmers, ranchers, and forest landowners “determined to have experienced discrimination” from USDA farm lending programs prior to Jan. 1, 2021. The law amends Section 1006 of the American Rescue Plan, which established a loan program for “socially disadvantaged farmers and ranchers”, defined as members of a group that was “subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.” That program was blocked by three federal district courts, which found the program’s race-based distinctions likely discriminated against white farmers in violation of the Constitution’s Equal Protection Clause.
- Aug. 16, 2022: USDA releases resource guides for Tribal governments, citizens, and organizations to ensure access to USDA programs and services for Tribal nations and communities.
- Aug. 2, 2022: USDA announces a partnership with EPA on the Closing America’s Wastewater Access Gap Community Initiative. The initiative, with funding from the Bipartisan Infrastructure Law, will work to provide technical and financial support to improve wastewater infrastructure for “some of America’s most underserved communities.”
- Jul. 28, 2022: USDA invests $401 million in high-speed internet infrastructure and access for 31,000 residents of rural areas, including those on Tribal lands and in socially vulnerable communities.
- Jul. 26, 2022: USDA restructures the Office of Tribal Relations from a staff office within the Office of Partnerships and Public Engagement to an office reporting directly to the Secretary.
- Jul. 25, 2022: USDA releases plans for reforestation and climate adaptation. Secy. Vilsack notes that the plans “represent a blueprint for … account[ing] for the risks [the] changing climate has on those groups most vulnerable to its effects – America’s farmers, ranchers, forest landowners and rural communities.”
- June 20, 2022: BLM and the Forest Service sign an unprecedented cooperative agreement with five Tribes to give them more control over the day-to-day management of Bears Ears National Monument. The agreement requires the agencies to “meaningfully engage with” tribes “to inform the BLM and USFS planning process and management.” The Tribes are the Hopi Tribe, the Navajo Nation, the Ute Mountain Ute Tribe, the Ute Indian Tribe of the Uintah and Ouray Reservation, and the Pueblo of Zuni. For more, see our National Monuments Tracker Page.
- May 5, 2022: A new study from the University of Massachusetts Boston finds that between 1992 and 1997, Black farmers lost at least $326 billion in land, or roughly 90% of a total 20 million acres of farmland starting in the early 1900s. The report found that much of the land loss was due to discriminatory lending practices by USDA and forced land sales.
- Apr. 14, 2022: USDA releases its Equity Action Plan, as part of its implementation of Executive Order 13985. The plan emphasizes key strategies including: partnering with technical assistance providers, improving support to underserved farmers, ranchers, landowners, and farmworkers, expanding equitable access to nutrition assistance plans, increasing investment in underserved communities, expanding equity in procurement, upholding responsibilities to Tribes, and institutionalizing civil rights and equity. The summary of the plan can also be found here.
- Apr. 11, 2022: The Biden Administration releases a “playbook” for investments in rural communities under the Bipartisan Infrastructure Law. The playbook details funding for USDA programs such as the ReConnect grant program for internet in rural communities, the Rural Development Electric Program which provides loans to improve the electricity infrastructure, and the Rural Development Circuit Riders Program which provides technical assistance to rural water systems. These programs have a particular focus on Tribes, Alaskan Native Corporations, low-income communities, and socially vulnerable communities.
- Mar. 4, 2022: USDA’s Natural Resources Conservation Service announces funding for six Alaskan communities to relocate buildings and infrastructure “out of floodplain[s] and away from hazard zones created by riverbank erosion or karsting due to permafrost thaw.”
- Feb. 10, 2022: USDA announces the members of the newly formed Equity Commission and Subcommittee on Agriculture. The Commission was funded and authorized by the American Rescue Plan Act and will provide recommendations to the Secretary on programs and actions to strengthen equity at USDA. Details about each member and their first meeting held on Feb. 28, 2022 can be found here.
- Feb. 1, 2022: USDA announces the formation of the Secretary’s Advisory Committee on Urban Agriculture and Innovative Production to aid in policy development and the identification of barriers to urban farming. The Committee will also seek to address issues of equity and food/nutrition access. For more information on the Committee and how to participate in public meetings, see the Committee’s page here.
- Dec. 6, 2021: The same day as the first Tribal Nations Summit since 2016, the White House releases a memorandum of understanding (MOU) signed by 17 federal agencies, including USDA, committing to increase consultation and collaboration with Tribes in recognition of existing treaty and reserved rights. The MOU includes agency-specific commitmemts including to create a searchable treaty database, and integrate tribal treaty and reserved rights early into agency decision-making, in particular work to address the climate crisis. (See pp. 3-4 of the MOU for more).
- Nov. 17, 2021: At her confirmation hearing, the Biden Administration’s nominee for USDA Assistant Secretary for Civil Rights, Margo Schlanger, states that she is committed to improving the USDA’s performance on equal rights for farmers and for USDA employees. She also plans on advocating for a more transparent process of receiving and addressing complaints.
- Nov. 15, 2021: Secretary Haaland and USDA Secretary Vilsack issue Joint Secretarial Order 3403 outlining steps to strengthen Tribal co-stewardship efforts, including agreements with Alaska Native corporations and the Native Hawaiian Community.
- Sep. 23, 2021: USDA senior advisor for racial equity to the agriculture secretary, Dewayne Goldman, coordinates a cross-departmental equity assessment of the agency and its engagements with agricultural producers, finding the need for representation of marginalized communities at key levels and the elimination of barriers for disadvantaged farmers to access loans or other aid.
- Sep. 23, 2021: The Senate Agriculture Committee approves Homer Wilkes, President Biden’s nominee for Undersecretary for Natural Resources and Environment at USDA. If confirmed, Wilkes would oversee the US Forest Service. Wilkes was the first African American nominated for the post when he was first nominated by former President Obama in 2009. He currently serves as the Director of the Gulf of Mexico Ecosystem Restoration Division and has helped direct environmental recovery efforts after the 2010 BP Oil Spill.
- Sep. 16, 2021: President Biden announces his nomination of Margo Schlanger to be USDA Assistant Secretary for Civil Rights. Schlanger, a former civil rights official in the Obama administration, is currently a University of Michigan Law professor.
- June 28, 2021: USDA Secretary Vilsack announces Randy Moore will be the new Chief of the Forest Service, the first African American to hold the role. Moore previously served as regional forester for the Pacific Southwest.
- May 28, 2021: USDA submits a final rule to OIRA that would establish new revolving loan funds to help resolve ownership and succession concerns on farmland with multiple owners (i.e. heirs’ property). OIRA completed review of the rule on July 22.
Department of Commerce
- Dec. 5, 2023 NOAA made available up to $106 million in funding for salmon restoration projects on the West Coast and in Alaska. The project will support state and Tribal led efforts to preserve and restore salmon habitats and populations. In particular, some of the funding will be allocated to support Tribes in their roles as fishery managers of and stewards of resources for cultural, spiritual, subsistence and recreational purposes. Applications are due Mar. 4, 2024. Click here for information about applying for the Pacific Coastal Salmon Recovery Fund.
- Nov. 29 2023 NOAA announced $144 million in funding to support the capacity for larger-scale planning, and the design and implementation of projects to help community and coastal habitat resilience. The grants were provided by the Bipartisan Infrastructure Law and were awarded through the National Coastal Resilience Fund (NCRF). The grants were dispersed as 109 grants to 31 coastal states and U.S. territories to enhance resilience and adaptation efforts for vulnerable communities.
- Nov. 14, 2023 NOAA announced the release of the Fifth National Climate Assessment (NCA5) to help communities prepare for and respond to climate change. NOAA provided physical science data as well as the agency’s work on regionally-based climate resiliency, community engagement and environmental justice to NCA5. The assessment emphasized the importance of Indigenous knowledge to understand climate change impacts and environmental justice to understand unequal impacts of climate change.
- Oct. 26, 2023 NOAA and DOI’s Bureau of Safety and Environmental Enforcement (BSEE) signed a memorandum of understanding (MOU) agreeing to collaborate to advance offshore safety and environmental stewardship. The MOU establishes the terms and conditions for the interagency collaboration to support federal actions and initiatives by sharing data, supporting interagency training, and developing future agreements for further cooperation. Areas of mutual interests for future collaboration include climate adaptation and mitigation, environmental justice, and outreach and engagement.
- Oct. 27, 2023 NOAA Fisheries announced $60 million to address climate change impacts on Pacific salmon populations identified as tribal priorities identified in a previous NOAA consultation. The funds will upgrade Columbia River Basin hatchery facilities to help the Yakama Nation, the Nez Perce Tribe and the states of Oregon, Washington and Idaho prepare, adapt, and build resilience to climate change impacts.
- Sep. 29, 2023 NOAA announces $100 million to support climate resilience projects to modernize infrastructure and sustain services, particularly in frontline and underserved communities. $55 million of the funding will fund regional infrastructure investments, and $45 million will be administered at the national level to bolster community resilience.
- Sep. 28, 2023 NOAA awards $3.9 million for flood and wildfire resilience. The projects funded will improve community engagement in coastal resilience planning, assess tradeoffs and co-benefits for complex decision making in coastal communities facing inundation, and study interactions between social infrastructure and wildfire risks to improve community adaptation.
- Sep. 28, 2023 NOAA grants $12.7 million to climate adaptation experts to partner with communities seeking to develop climate resilience plans. The program will emphasize building resilience in under-resourced and historically marginalized communities.
- Sep. 25, 2023 NOAA makes $2 million available to support Tribal drought resilience in the Western United States. NOAA expects that accepted projects will focus on drought monitoring, planning and mitigation. Letters of Intent are due by Nov. 2, 2023 and the deadline for application is Feb. 15, 2024. Click here for more information about the Tribal drought resilience funding opportunity.
- Sep. 1, 2023 NOAA seeks applications for $45 million in funding to advance coastal habitat restoration and climate resilience efforts of Tribes and underserved communities. NOAA intends to support communities in projects that will help to recover from and adapt to the impacts of climate change, such as removing dams and restoring coastal wetlands. $20 million of the funding is made specifically available to Tribes, while the remaining $25 million is available to Tribes and underserved communities alike. Applications are due Dec. 19, 2023. Click here for more information about the coastal habitat restoration and climate resilience funding opportunity.
- Aug. 24, 2023: NOAA proposes to designate a 5,617-square-mile area offshore of San Luis Obispo and Santa Barbara counties as the Chumash Heritage National Marine Sanctuary under the National Marine Sanctuaries Act. It is the first Indigenous-led nomination for a national marine sanctuary. Submit comments on the proposal through Oct. 25, 2023 at regulations.gov (NOAA-NOS-2021-0080).
- June 29, 2023 NOAA announces the Climate Ready Workforce Competition to make 10-20 awards of up to $10 million each for workforce training and skill development. These programs should prepare and place workers in climate-resilience and environmental justice jobs, and can include “wraparound” services, which include transportation, childcare, elder care, and housing support services that allow workers to participate in training programs. Eligible applicants include state, local, and Tribal governments, and nonprofits located in coastal states or territories. Letters of intent are due by Nov. 30, 2023, with full applications due Feb. 13, 2024. Applicants are encouraged to demonstrate their partnerships with disadvantaged communities, and how the project will direct at least 40 percent of the benefits towards disadvantaged communities. NOAA’s Climate Program Office, Office for Coastal Management, and National Sea Grant Office are available to provide technical assistance to applicants.
- June 20, 2023 NOAA announces $575 million available through its Climate Resilience Regional Challenge to build climate resilience in coastal and Great Lakes communities. This funding is available in two tracks: i) 20-25 grants of up to $2 million each for regional community-building and strategy development to plan resilience strategies, and ii) 15 grants of up $75 million each to implement resilience and adaptation plans and actions. Eligible applicants include state, local, and Tribal governments, and nonprofits located in coastal states or territories. Letters of intent are due by Aug. 21, 2023, with full applications due Feb. 13, 2024. Applicants are encouraged to demonstrate how the project will direct at least 40 percent of the benefits towards disadvantaged communities.
- June 6, 2023 The Dept. of Commerce announces a framework to bring $2.6 billion in investments to coastal communities as part of the Biden Administration’s Investing in America Agenda and America the Beautiful initiative. This framework includes a $575 million competitive grant program, the Climate Resilience Regional Challenge, to support coastal resilience at regional scales (details to come in early summer); $390 million for tribes to support habitat restoration, capacity building, and other fisheries support; and $60 million to build a “climate-ready” workforce.
- May 15, 2023: The National Marine Fisheries Service (NMFS) publishes an advanced notice of proposed rulemaking (ANPR) and requests public comment on possible future adjustments to its implementing guidelines for National Standards 4, 8, or 9 of the Magnuson-Stevens Fishery Conservation and Management Act. NFMS is revisiting the guidelines in part because of “equity and environmental justice considerations that affect fishing communities that are currently or have been historically dependent on the resource.” Comments are due by 5pm local time on Sep. 12, 2023 and can be submitted online at regulations.gov (Docket No. NOAA-HQ-2023-0060). NOAA Fisheries will host an informational webinar on the proposal on June 12, 2023 from 1-2:30 ET.
- Apr. 22, 2023 NOAA recommends $562 million in funding through the Climate-Ready Coasts initiative to support 150 projects across 30 coastal and Great Lake states and territories. Of this $562 million, $477 million is recommended to be earmarked for “high-impact projects” that build the capacity of coastal and underserved communities to address climate hazards and respond to extreme weather events, among other projects. $46 million through the National Fish and Wildlife Foundation (NFWF) will support the National Coastal Resilience Fund to help communities prepare for coastal flooding and sea-level rise.
- Apr. 4, 2023: NOAA selects 17 communities in the US and one community in Santiago, Chile to participate in the Urban Heat Island mapping campaign. This campaign is part of the Biden-Harris Administration’s Justice40 and America the Beautiful initiatives. NOAA works in collaboration with CAPA Strategies LLC to develop each communities’ unique urban heat island profile, which enables the communities to identify “equitable ways to implement [local] cooling solutions.” NOAA selected this year’s communities in part due to their expressed commitments to addressing the environmental justice implications of these urban heat islands on the most vulnerable populations.
- Jan. 19, 2023 The Biden-Harris Administration releases the first-ever National Strategy to Develop Statistics for Environmental-Economic Decisions. This Strategic Plan is developed as a result of collaboration between the Dept. of Commerce, OMB, and OSTP, with input from over 27 federal agencies and public comment. The strategy outlines steps for federal agencies to begin to account for and quantify the economic benefits of natural assets like land, water, minerals, animals, and plants, and include that natural capital in official U.S. economic statistics . The Strategy includes recommendations for agencies to develop engagement plans to coordinate with state, territorial, local, and tribal governments, and specifically recommends agencies rely on EO 13175 and the White House Memorandum on Indigenous Knowledge when engaging Tribes given that “economics-based statistical systems may not fit with some worldviews, especially those of some Indigenous Peoples.”
- Nov. 30, 2022 DOI, Dept. of Commerce, and USDA announce new steps to increase and strengthen tribal participation in the management and stewardship of federal lands and waters. This announcement comes at the 2022 White House Tribal Nations Summit, where the Dept. of Commerce announces it is signing on to Joint Secretary’s Order 3403, committing to tribal and federal co-stewardship of federal lands, waters, and wildlife.
- Aug. 18, 2022: NOAA announces two new regional pilot programs to improve engagement with “underserved communities” in the Upper Mississippi River Basin and with Alaska Native communities.
- July 27, 2022: NOAA’s Billion Dollar Disasters Mapping Tool now includes U.S. Census Data. The tool now enables users to visualize communities’ vulnerability to disasters based on factors including socioeconomic status, housing type and transport availability, minority status and language, and household composition and disability status.
- June 29, 2022: NOAA announces nearly $3 billion in funding under the bipartisan infrastructure law for habitat restoration ($592 million), coastal resilience ($1.5 billion), and climate data and services ($904 million). Click here for more information on each funding opportunity. The announcement includes $10 million for “underserved communities” in habitat restoration activities. Applications for that fund should request between $75,000 to $1 million over the total award period and are due by Sep. 30, 2022. For more information and to apply, click here.
- June 28, 2022: Up to $10 million in Coastal Habitat Restoration and Resilience Grants is being made available for habitat restoration activities in underserved communities. The funding opportunity is open to governments, for-profit and non-profit organizations, public higher education institutions, and small businesses, as long as applications can demonstrate their status as, or connection to, an underserved community. Applications must be submitted by Oct. 14, 2022 through www.grants.gov (Opportunity Number NOAA-NMFS-HCPO-2022-2007354), and awards will range from $75,000 to $1 million per grant, over three years. For best practices on how to build your proposal, click here and here.
- June 29, 2022. NOAA announces $2.96 billion in funding opportunities over the next five years to bolster coastal resilience, improve climate data, and protect important fisheries and associated habitat. NOAA says that it will “ensure the impact of this funding is equitable . . . and results in projects that benefit Tribal Nations and underserved and underrepresented communities”. To learn more about the related Notice of Funding Opportunities for this year, click here.
- Apr. 14, 2022: The Department of Commerce releases its Equity Action Plan, as part of its implementation of Executive Order 13985. The plan emphasizes key strategies including: closing the digital divide, ensuring community development dollars advance racial equity, growing underserved businesses to address the racial wealth gap, increasing access to patents for entrepreneurs from underserved communities, and improving data access. The summary of Commerce’s Equity Plan can also be found here.
- Apr. 11, 2022: The Biden Administration releases a “playbook” for investments in rural communities under the Bipartisan Infrastructure Law, including a new $42.5 billion program at the Department of Commerce, administered by the National Telecommunications and Information Administration (NTIA) to deliver high speed internet to unserved and underserved communities. An additional $2 billion will be set aside for tribal governments for broadband deployment, telehealth, distance learning, broadband affordability, and digital inclusion.
Department of Labor
- Apr. 16, 2024 The Department of Labor issued a final rule to protect miners from harmful exposure to silica dust. This final rule lowers the exposure limit of silica dust for an 8-hour work day. In addition to the exposure limits, the rule requires mine operators to use engineering controls to prevent miners’ overexposure, requires that operators provide periodic health examinations for workers at no cost, and provides updated respiratory protection standards and practices. This rule is expected to help protect the health of mine workers, as exposure to silica dust can lead to lung cancer, silicosis, kidney disease, and pulmonary disease. Read the final rule protecting miners from silica dust exposure here.
- Dec. 19, 2023 The Department of Labor joined an agreement with the departments of Commerce, Interior, Agriculture, Energy, the Environmental Protection Agency and AmeriCorps to implement the American Climate Corps. The American Climate Corps is a Biden-Harris administration initiative to train clean energy, conservation and climate resilience workers. The Memorandum of Understanding joined by the 7 federal agencies lays out the mission, goals, priorities and next steps to implement the Corps. Read the full Climate Corps memorandum here. Administration officials will host listening sessions throughout January to hear from prospective Climate Corps applicants. Sign up for the Climate Corps virtual listening sessions here.
- Dec. 4, 2023 The Department of Labor awarded $4 million to fund the “Tatpartaa Project” by World Education. This project supports communities in Nepal to address child labor and forced labor, and to mitigate economic harms brought on by climate change, with a focus on the ways that climate change can drive child labor and forced labor.
- Sep. 29, 2023 DOL awards over $10.5 million in grants to fund mine safety and health training. The funding will support federally-mandated training for surface and underground miners to reduce workplace accidents, injuries, and illnesses.
- Sep. 28, 2023 DOL awards $5 million to expand access for women to apprenticeships and nontraditional occupations in construction, advanced manufacturing, energy, technology and transportation, industries where women remain largely underrepresented.
- Sep. 26, 2023 DOL awards nearly $94 million for workforce training programs to support jobs in renewable energy, transportation and broadband infrastructure. The programs will focus especially on delivery training and support to historically marginalized, underserved and underrepresented communities, and funded projects will incorporate diversity, equity, inclusion and accessibility.
- Sep. 19, 2023 The Department of Labor announces $12.7 million in OSHA grants awarded to enhance workplace safety, health training, and education. The targets for the training are small-business employers and underserved vulnerable workers in hazardous industries.
- Sep. 14, 2023 DOL awards $44 million to support job training and services to workers in disadvantaged communities that are especially burdened by pollution. The funding will go to career training and supportive service for workers in Appalachia, the Lower Mississippi Delta and the Northern Border region.
- Sep. 12, 2023 DOL announces proposed new rule that would bolster protections for temporary farmworkers. The rule would grant farmworkers greater protections to advocate for safer working conditions, make wages more predictable, improve access to safer transportation, and enhance enforcement against employers that violate the H-2A program. Click here to provide comments on the proposed rule. Comments close Nov. 14, 2023.
- July 27, 2023: OSHA announces it will increase enforcement, including inspections, in industries where workers are exposed to a high-risk of heat hazards, including construction and agriculture.
- July 19, 2023 The Employment and Training Administration announces $65 million in awards to 45 states to expand their Registered Apprenticeship programs. On the same day, the Administration announces nearly $17 million in additional funding to seven intermediary contractors to launch and build out Registered Apprenticeship models for workers in critical industries, including education, clean energy, and transportation. This funding will be used for workforce development and to increase career pathways for underrepresented populations.
- July 13, 2023 The Mine Safety and Health Administration (MSHA) proposes amendments to lower its permissible exposure standard of breathable crystalline silica to better protect miners. Crystalline silica poses a carcinogenic hazard, and MSHA has preliminarily determined that metal, nonmetal, and coal miners face a risk of permanent health damage from exposure to crystalline silica. Comments are due Sept. 11, 2023.
- June 6, 2023 The DOL will host outreach events in Wyoming from June 13-15, 2023 for current and former coal miners and their survivors to provide eligibility information for Black Lung Benefits Act benefits and accept claims filings for those disabled by black lung. No pre-registration is required, and the event is open to the public.
- Apr. 14, 2023: DOL announces $44.2 million in funding for the Workforce Opportunity for Rural Communities initiative grants, under the Biden Administration’s Justice40 initiative. These grants, funded in partnership with the Appalachian Regional Commission, the Delta Regional Authority, and the Northern Border Regional Commission, address historic inequities by helping workers access “new, high-quality career opportunities” in rural, marginalized, underserved, and underrepresented communities in the Appalachian, Lower Mississippi Delta and Northern Border regions. Applications are due Jun. 13, 2023, and must demonstrate collaboration with a “strong and diverse community-wide coalition.”
- Apr. 14, 2023: DOL’s Mine Safety and Health Administration makes $10.5M available in grant funding to help offer federally-mandated mine safety training for miners. These funds will prioritize trainings for small mining operations and underserved mines and miners within the industry. Applications must be submitted by Jun. 12, 2023, and grants will be awarded on or before Sept. 30, 2023.
- Feb. 28, 2023: DOL’s Employment and Training Administration issues a final rule amending its methodology for determining the hourly Adverse Effect Wage Rates (AEWRs) for temporary foreign workers in agricultural occupations, other than herding and livestock production in H-2A nonimmigrant status. The H-2A program allows employers to hire nonimmigrant workers who are foreign residents temporarily in the U.S. when there is a labor shortage, as long as such hiring does not adversely affect wages and working conditions for agricultural workers in the U.S. with similar jobs. The AEWR is the wage floor below which those workers would experience an adverse effect on their wages. Modifications to the AEWR determination methodology therefore affect the hourly wages paid to agricultural workers employed in the U.S. The rule becomes effective on March 30, 2023.
- Jan. 18, 2023: DOL’s Office of Workers’ Compensation Programs proposes to revise regulatory standards applicable to self-insurance by coal mine operators under the Black Lung Benefits Act. The proposed rule updates the requirements needed for a coal-mine operator to self-insure. It also sets the security posted requirement at 120% of an operator’s projected black lung liability, promoting adequate coverage of benefits’ payments regardless of an operator’s financial health. These proposed changes would shift the responsibility of benefits payments under the Act from taxpayers to coal-mine operators. The proposed rule is open for comments until March 20, 2023.
- Nov. 30, 2022 DOL announces a $90 million funding opportunity in YouthBuild grants to support pre-apprenticeship opportunities in construction, healthcare, IT, and hospitality. The YouthBuild program is part of the Biden Administration’s Justice40 initiative, meaning at least 40% of the program’s benefits must go to “disadvantaged” communities. Applications can be submitted through grants.gov by Feb. 7, 2023. Funding Opportunity No. FOA-ETA-23-17. In addition to the YouthBuild Program, the DOL adds the Reentry Employment Opportunities program, the Job Corps, and the Workforce Opportunity for Rural Communities program to the list of programs covered under the Justice40 initiative.
- Nov. 30, 2022 DOL releases FAQs to help stakeholders understand the prevailing wage and registered apprenticeship systems. This helps members of the public better utilize the new Inflation Reduction Act standards to make clean energy jobs good-paying jobs. Concurrently, IRS issues guidance on the wage and apprenticeship requirements of the Internal Revenue Code, as amended by the Inflation Reduction Act (2022).
- Nov. 28, 2022: DOL seeks public input on updating its Environmental Justice Strategy and how the Department “could improve services and better serve environmental justice communities.” DOL also seeks input on “what are the greatest needs and/or barriers facing disadvantaged and/or environmentally-impacted communities as it relates to employment, worker protections, and worker rights.” People can provide oral comments on Dec. 9, 2022, 11-12pm EST by registering here. DOL will accept written comments before 5pm EST on Dec. 9, 2022 at [email protected]
- Sep. 20, 2022: DOL awards $34.4 million to the Appalachian Regional Commission and Delta Regional Authority to provide education, training, and supportive services in regions that have experienced substantial job losses related to their energy extraction industries. The awards – which seek to help rural communities address historic inequities by training displaced workers – were granted under the Workforce Opportunity for Rural Communities Initiative, a Justice40 covered program.
- Sep. 14, 2022: The Employment and Training Administration issues a proposed rule under the Workforce Innovation and Opportunity Act (WIOA) to adopt “retention with the same employer” as the criterion to measure effectiveness in serving employers. This indicator would be used to report outcomes for certain non-core programs, including the Indian and Native American programs and the National Farmworker Jobs Program. Comments can be submitted on regulations.gov (Docket No. ETA-2022-0005) by Nov. 14, 2022.
- Aug. 29–Sep. 2, 2022: DOL makes $24 million available for overseas investments in improving agricultural worker protections:
- Aug. 29, 2022: $5 million available to increase worker protections in Brazil and Paraguay.
- Aug. 29, 2022: $4 million available to reduce child labor in agricultural communities in the Economic Community of West African States.
- Aug. 30, 2022: $12 million available to promote workers’ rights in Brazil, Colombia, and Peru.
- Sep. 2, 2022: $3 million available to improve sugar workers’ working and living conditions in the Dominican Republic.
- Aug. 18, 2022: DOL adds four existing programs to the Justice40 initiative: the Reentry Employment Opportunities program, the YouthBuild program, Job Corps, and the Workforce Opportunity for Rural Communities program.
- Apr. 14, 2022: Labor releases its first ever Equity Action Plan as part of its implementation of Executive Order 13985. The plan highlights five new strategies to advance equity: advancing fairness for underserved workers by equitably implementing wage and hour protections; launching a comprehensive initiative to address systemic barriers to Unemployment Insurance; ensuring workers with limited English proficiency are fully aware of their rights and can access workplace protections; and delivering equitable access to workforce training for historically underserved workers and job seekers to address persistently high unemployment rates faced by communities of color and other underserved communities. Read a summary of Labor’s Equity Action Plan here.
- April 8, 2022: OSHA launches its first ever “National Emphasis Program” for heat, in which OSHA inspectors will target workplaces at ‘high risk” for heat exposure.The program allows inspectors to proactively visit a site instead of having to wait to receive a complaint or notice of a reported fatality or injury. Inspectors will assess whether workers are being protected from high heat and look for complaints about other hazards.
- Dec. 6, 2021: The same day as the first Tribal Nations Summit since 2016, the White House releases a memorandum of understanding (MOU) signed by 17 federal agencies, including Labor, committing to increase consultation and collaboration with Tribes in recognition of existing treaty and reserved rights. The MOU includes agency-specific commitmemts including to create a searchable treaty database, and integrate tribal treaty and reserved rights early into agency decision-making, in particular work to address the climate crisis. (See pp. 3-4 of the MOU for more).
- Nov. 12, 2021: President Biden nominates Christopher Williamson to lead the Mine Safety and Health Administration. Williamson is the leading expert on mine safety and health in Washington. Williamson is currently senior counsel to the Chair of the National Labor Relations Board (NLRB).
- Oct. 27, 2021: OSHA publishes an advance notice of proposed rulemaking to protect indoor and outdoor workers from heat-related illnesses. OSHA is interested in gathering information about hazardous heat conditions in the workplace and the effectiveness of interventions that can be adopted to prevent illness to inform the scope of its proposed standard and types of controls that should be required. Public comments can be submitted on or before Dec. 27, 2021 here.
- Oct. 13, 2021: The Employee Benefits Security Administration publishes a proposed rule to remove barriers that prevented plan fiduciaries’ ability to consider environmental, social, and governance (“ESG”) factors when selecting investments and exercising shareholder rights. The changes are designed to protect the financial well-being workers’ reitrement savings and pensions from climate-related financial risk. For more on the proposed change, see DOL’s press release here.
- Sep. 20, 2021: The White House OSHA announces new initiatives at OSHA and other federal agencies to address extreme heat and occupatioal heat exposure, particularly for agricultural, construction, and delivery workers, as well as indoor workers in facilities that are not climate-controlled. As part of these efforts, OSHA plans to publish an advanced notice of proposed rulemaking (ANPRM) for public comment in October, as well as use existing enforcement powers to prioritize heat0related interventions and workplace inspections on days when the head index exceeds 80 degrees F. OSHA will also create a new Heat Illness Prevention Work Group as part of its National Advisory Committee on Occupational Safety and Health.
Department of State
- Sep. 6, 2023: During the Africa Climate Summit, the U.S. announced new climate funding commitments for Africa. The package included up to $51 million in grants and up to nearly $248 million in loans and investments. The series of pledges was part of a cross-agency collaboration between the State Department, USAID, the Dept. of Energy, USDA, and the International Development Finance Corporation (DFC).
- Mar. 3, 2023: The U.S. commits $6 billion at the 2023 Our Ocean Conference to address climate change, support sustainable fisheries and “sustainable blue economies”, establish effective marine protected areas, advance maritime security, and address marine pollution. As part of this commitment, the U.S. commits to conserve or protect at least 30% of its jurisdictional waters by 2030. The 77 commitments totalling $6 billion include funding for collaborative fisheries management, ocean and climate technology innovation by small businesses, and climate resilience of marine resources and coastal communities. Some of these commitments are subject to Congressional notification. For a full list of financial commitments, click here.
- Feb. 7, 2023: Minerals Security Partnership (MSP) partners and mineral-rich nations announce the formal integration of environmental, social, and governance (ESG) and labor standards into MSP’s activities. MSP partners include the US, the UK, the EU, Canada, and other nations, and the mineral-rich nations in attendance include Angola, Botswana, the DRC, South Africa, Tanzania, Ugance, and Zambia. MSP and mineral-rich nations identify local community benefit, indigenous consultation, stakeholder engagement, and environmental protection, among others, as principles and standards necessary for developing supply chains “responsibly” for the clean energy transition.
- Dec. 20, 2022 The UN Convention on Biological Diversity adopts the Global Biodiversity Framework at the 2022 UN Biological Diversity Conference (COP15). 190 countries approved this agreement, which aims to protect 30 percent of global lands and waters by 2030 and set 22 other biodiversity conservation targets. This is the first Framework of its kind applicable to biodiversity conservation, and sets out ambitious targets for reduction of harmful pollutants, ecosystem restoration, and the inclusion of Indigenous peoples and local communities in conservation efforts. While the US was not a participant in the negotiation since it is not a party to the Convention on Biological Diversity, President Biden signed an executive order setting a US 30 by 30 conservation target in 2021.
- Oct. 28, 2022: Secy. Blinken designates up to $90 million for the attainment of international energy and climate security objectives and up to $40 million for assistance for the Pacific Islands.
Department of Treasury
- Jan. 19, 2024 Treasury and IRS released additional guidance detailing the low-income census tracts eligible to take advantage of tax credits subsidizing part of the cost of installation of residential or commercial electric vehicle chargers. The guidance also enumerated the eligible tracts in Appendix A (by 2015 Census tract GEOIDs) and Appendix B (by 2020 Census tract GEOIDs). The credits cover up to 30% of the cost of installation, up to $1,000 for any single item of residential property and up to $100,000 for any single item of commercial property and are intended to encourage electric vehicle adoption.
- Nov. 22, 2023 Treasury and IRS proposed a rule to amend definitions and clarify technical details regarding energy property that qualifies under the Inflation Reduction Act’s Investment Tax Credit. The proposed Treasury and IRS rule addresses the increase in section 48 credit rate for “energy communities”, among other changes. Comments can be submitted until Jan. 22, 2024, and a public hearing is scheduled for Feb. 20, 2024, provided the IRS receives a request to speak and outline topics by Jan. 22, 2024. Requests to attend the public meeting must be received by Feb. 15, 2024. Click here to submit comments on Treasury and IRS’s proposed rulemaking.
- Oct. 24, 2023 Treasury’s Office of the Comptroller of the Currency (OCC), the Federal Reserve System, and the Federal Deposit Insurance Corporation issued a final rule adding disaster preparedness and climate resilience activities to the definition of community development under the Community Reinvestment Act. The activities are narrowly limited to weather-related risks rather than broader climate mitigation measures, like decarbonization. Treasury’s new rules are effective as of April 1, 2024, with compliance deadlines of Jan. 1, 2026, and Jan. 1, 2027.
- Oct. 19, 2023 Treasury, DOE, and the IRS announced that applications for the IRA’s Low-Income Communities Bonus Credit Program under Section 48(e) of the Internal Revenue Code are now open. The program provides a ten or twenty percentage-point increase to the investment tax credit for qualified wind and solar energy facilities located in low-income communities, on Indian land, or in qualified low-income residential building projects or economic benefit projects.
- Sep. 27, 2023 Treasury, DOE, and the IRS announce that applications for the IRA’s Low-Income Communities Bonus Credit Program under Section 48(e) of the Internal Revenue Code will open at 9am ET on Oct. 19, 2023. The program provides a 10 or 20-percentage point tax credit increase to the investment tax credit for qualified wind and solar energy facilities located in low-income communities, on Indian Land, or in qualified low-income residential building projects or economic benefit projects. Read more about Treasury’s announcement here.
- Aug. 15, 2023: The IRS releases a final rule and procedural guidance for a program designed to increase investment in solar or wind facilities in low-income communities. The rule and guidance are issued under the Low-Income Communities Bonus Credit program under Section 48(e) of the Internal Revenue Code. The incentive was created under the Inflation Reduction Act and provides up to an additional 20-percentage point increase for solar and wind facilities in low-income and Tribal communities, or that serve federally-subsidized housing or provide economic benefits to low-income households. Read more about the Low-Income Communities Bonus Credit program here.
- June 1, 2023: The IRS and Dept. of Treasury propose and request comments on guidance on the Low-Income Communities Bonus Credit Program. The program, established under the Inflation Reduction Act, allows applicants investing in certain solar and wind powered-electricity generation facilities to receive an additional tax credit if those facilities are located in a low-income community or on Indian land, or are part of a qualified low-income residential building or economic benefit project. Comments are due June 30, 2023 and can be submitted at regulations.gov (Docket No. IRS-2023-0025-0001).
- Feb. 13, 2023 The Dept. of the Treasury and the DOE publish initial guidance for the Low-Income Communities Bonus Credit Program, which allocates a 10-20% tax credit increase for solar and wind facilities in low-income or Tribal communities. The application process for this program will open in 2023 in two phases.
- Nov. 30, 2022 IRS issues guidance on the wage and apprenticeship requirements of the Internal Revenue Code, as amended by the Inflation Reduction Act (2022) (IRA). These amendments address construction and installation of property with respect to the energy efficient commercial buildings deduction under the code. The IRS maintains this page to provide the latest guidance on the implementation of the IRA. In addition, the Treasury Department announces initial guidance on the Inflation Reduction Act’s strong labor standards that firms must meet to qualify for enhanced clean energy and climate tax incentives—the first guidance to be issued since President Biden signed the bill into law just over three months ago. The guidance can be read in full here. Relatedly, the Department of Labor releases FAQs to help those stakeholders who don’t have experience with the prevailing wage and registered apprenticeship systems to understand how they can utilize the new IRA standards in clean energy-related jobs.
Equal Employment Opportunity Commission (EEOC)
- Aug. 8, 2022: The EEOC announces a $1.75 million settlement against Plains All American Pipeline LP (Houston, TX) and Copperhead Pipeline and Construction (Addington, OK) in a suit alleging that the companies allowed racial harassment and physical abuse against sixteen workers on pipeline projects in the Permian Basin, and unlawfully retaliated by firing the workers after they complained about the harassment.
Federal Energy Regulatory Commission (FERC)
For more on FERC and other issues related to the electricity sector, visit EELP’s Electricity Law Initiative.
- Feb. 15, 2024 At its February commission meeting, FERC announced a new policy “that the Commission will not issue preliminary permits for projects proposing to use Tribal lands if the Tribe on whose lands the project is to be located opposes the permit.” Implementing this policy, FERC denied preliminary permits for four new hydroelectric projects which would have been built on Navajo land and which the Navajo Nation objected to. The policy is intended to push developers to work with tribes and obtain their consent before applying for permits for projects on tribal lands.
- Dec. 19, 2023: FERC issues order granting Mountain Valley Pipeline a three-year extension (until June 2026) to complete the MVP Southgate Project. The extension was granted in spite of water and air quality issues impacting communities with environmental justice concerns, and questions about whether demand still exists for the gas the pipeline would supply.
- Oct. 19, 2023: FERC issued a draft supplemental Environmental Impact Statement (SEIS) for the proposed relicensing of South Feather Water and Power Agency’s existing South Feather Power Project No. 2088. FERC found the project could cause minor damage to scenic views, and adversely impact nearby property values, including four environmental justice block groups. FERC concludes that the project will not result in a disproportionately high and adverse impact. More information on FERC’s SEIS for the South Feather Power Project can be found at Docket No. P-2088
- Oct. 6, 2023: FERC issued a final supplemental Environmental Impact Statement (SEIS) for the proposed relicensing of Alabama Power Company’s Coosa River Hydroelectric Project No. 2146. FERC found that enhancements to fish habitats and recreation sites included in the project could benefit 86 environmental justice block groups in the project area, and that there will not be a disproportionately high and adverse impact on EJ communities in the project area. More information on the FERC’s SEIS on the Alabama Power Company’s Coosa River Hydroelectric Project can be found at Docket No. P-2146.
- Sep. 15, 2023 FERC issued the final environmental impact statement (EIS) for the Virginia Reliability Project and Commonwealth Energy Connector Project. FERC finds that the project would cross 34 environmental justice census block groups, and would cause socioeconomic impacts including traffic impacts, increased demand for temporary housing and public services, and would impact water resources, visual resources and have air and noise impacts. Despite these impacts, FERC finds that the impacts on these communities would be temporary or could be mitigated through its recommendations. More information can be found at Docket No. CP22-502-000 and CP22-503-000.
- June 30, 2023 FERC issues the final environmental impact statement (EIS) for Tennessee Gas Pipeline Company’s Cumberland Project in Tennessee. FERC found that the 7 environmental justice block groups within the project area would face disproportionately adverse impacts associated with the construction and operation of the new pipeline, including potential permanent impacts on groundwater, viewsheds, and temporary impacts on air emissions and noise levels. However, FERC ultimately found that impacts on EJ communities would not be significant if the minimization and mitigation measures proposed by FERC and the company are followed. More information can be found at Docket No. CP22-493-000.
- Apr. 11, 2023: FERC issues the draft environmental impact statement (EIS) for Columbia Gas Transmission, LLC’s Virginia Reliability Project and Transcontinental Gas Pipe Line Company, LLC’s Commonwealth Energy Connector Project in southeast Virginia. FERC found that the project’s adverse impacts on the environment, socioeconomics, and air quality in 48 environmental justice block groups along the project route would be temporary, but that the project would result in long-term and permanent damage to forested lands. However, FERC ultimately found that impacts on EJ communities would be less than significant if FERC’s recommendations and both companies’ plans are followed. More information can be found at Docket Nos. CP22-503-000 & CP22-502-000.
- Apr. 7, 2023: FERC issues the final environmental impact statement (EIS) for WBI Energy Transmission, Inc.’s Wahpeton Expansion Project stretching for 60 miles in North Dakota. FERC concluded that the Project will produce some adverse environmental impacts in 4 environmental justice block groups, but that these would be limited to construction and would not amount to a significant level if WBI Energy’s plan and FERC’s recommendations are followed. However, the EIS notes that the Project will “contribute incrementally” to climate change impacts, without evaluating whether they are significant or insignificant or whether they will impact EJ block groups.
- Mar. 31, 2023: FERC issues the draft environmental impact statement (EIS) for the Goldendale Energy Storage Project extending from Washington to Oregon. FERC notes that of the 7 EJ community block groups identified, project construction, operation, and maintenance would occur entirely within only 2 of the EJ block groups, though other impacts like decreased air quality, increased noise, negative effects on surface and ground water quality, reduced access to sites commonly used for plant gathering, and changes in the landscape affecting tribal culture practices will be experienced in all 7 EJ block groups. These impacts will result in a “disproportionately high and adverse effect” on the EJ community block groups during the 5-year construction period, while visual impacts on the landscape will be permanent. Comments on the draft EIS are due June 6, 2023 for FERC Docket No: P-14861-002.
- Mar. 16, 2023: FERC Chairman Willie Phillips appoints Conrad Bolston as Senior Counsel for Environmental Justice and Equity. Bolston previously worked on environmental enforcement and compliance at Vinson and Elkins, LLP, and he has a J.D. from Georgetown University Law Center and a B.S. in Environmental Science and Policy from the University of Maryland.
- Mar. 10, 2023: FERC issues the final environmental impact statement (EIS) for Northern Natural Gas Company’s Northern Lights 2023 Expansion Project running through parts of Minnesota and Wisconsin. A few “environmental justice minority populations” in Minnesota and Wisconsin lie in the Project’s path, and FERC states that its mitigation measures and recommendations will minimize the Project’s impact on air quality for these EJ populations.
- Mar. 2, 2023: FERC Chairman Willie Phillips names Nicole Sitaraman as Acting Director of the Office of Public Participation. FERC’s press release notes Sitaraman brings experience in environmental justice and stakeholder engagement, and also sits on the DC Commission on Climate Change and Resilience and the advisory board to the Yale Center for Business and Environment. She received her J.D. from Boston University School of Law and her B.A. in English from Yale University.
- Feb. 24, 2023: FERC issues the final environmental impact statement (EIS) for Transcontinental Gas Pipe Line Company, LLC’s Southside Reliability Enhancement Project in North Carolina and Virginia. In the EIS, FERC finds that 10 out of 22 block groups in the project’s geographic scope are “environmental justice communities,” of which five contain a minority population, three contain a low-income population, and two contain low-income and minority populations. FERC finds that the Project activities for some compressor stations will impose “disproportionately high and adverse” effects on EJ communities, but Transco’s proposed mitigation measures and FERC’s recommendations will reduce impacts to less than significant levels.
- Feb, 17, 2023: FERC issues the final environmental impact statement for Texas Eastern LP’s Venice Extension Project. In the EIS, FERC notes that 29 out of 47 block groups along the path of the proposed pipeline project are “environmental justice communities,” and will bear “disproportionately high and adverse” EJ impacts along certain parts of the project. FERC also notes that the proposed project would result in some adverse impacts on the environment. However, FERC states that its recommendations and Texas Eastern’s proposed mitigation measures will minimize the environmental impacts of the proposed project to less than significant levels.
- Feb. 16, 2023: FERC approves two cold weather reliability standards for emergency operations and extreme cold weather preparedness operations, to address unprecedented power outages due to extreme cold weather, particularly in the South Central U.S. The North American Electric Reliability Corporation (NERC) proposed these recommendations following an inquiry into the 2021 Winter Storm Uri. The storm left millions of people without electricity and access to water in Texas and southern central parts of the U.S., but the burden was disproportionately borne by vulnerable communities.
- Feb. 14, 2023: FERC announces a Roundtable on Environmental Justice and Equity in Infrastructure Permitting scheduled for Mar. 29, 2023,following the publication of the Commission’s Equity Action Plan last year. Interested parties can register to attend in–person or virtually here.
- Feb. 3, 2023: FERC issues the draft environmental impact statement (EIS) for the Tennessee Gas Pipeline Company’s proposed Cumberland Project in Tennessee. Out of the 11 block groups near the Project, seven are designated environmental justice communities. In the EIS, FERC finds that the project will have a “disproportionately high and adverse impact” on these EJ communities, but those impacts would not be significant after the implementation of recommended minimization and mitigation measures. Comments on the draft EIS are due by Mar. 27, 2023. FERC Docket No. CP22-493-000
- Jan. 3, 2023: President Biden nominates Willie Phillips as FERC’s Acting Chairman. Phillips formerly served as the Chairman of the D.C Public Service Commission, during which he focused in part on advancing environmental justice and equity. Phillips previously worked for the North American Electric Reliability Corporation and two law firms, and has a J.D. from Howard University School of Law.
- Dec. 15, 2022 FERC issues a proposed rule revising its 2006 regulations for the siting of interstate electric transmission lines per the directives in the Infrastructure Investment and Jobs Act. The rule proposes to add three new resource reports to be filed with applications to the Commission, including an Environmental Justice Public Engagement Plan, Environmental Justice Resource Report and a Tribal Resources Report. FERC will accept public comment on the proposal after it is published in the Federal Register.
- Nov. 17, 2022 FERC approves the Commonwealth LNG project in Cameron Parish, Louisiana, despite environmental justice-related objections raised by environmental groups and EPA. On Oct. 14, 2022, EPA submitted a letter to FERC, recommending that FERC implement measures to address the significant EJ concerns raised by FERC in the Commission’s Final EIS for the Commonwealth LNG Project. In his concurrence, Chairman Glick identifies that the Natural Gas Act seemingly does not provide FERC with a framework to consider adverse EJ impacts of proposed LNG facilities in evaluating whether to grant a facility a CPCN. Commissioner Danly cautions that without a credible method to determine the significance of the EJ impacts of a proposed LNG project, FERC should not create an “unsupported, arbitrary threshold” that would run afoul of the Supreme Court’s decision in West Virginia v. EPA. (For more information on the Court’s West Virginia opinion, see EELP’s analysis here).
- Oct. 21, 2022: FERC releases a draft environmental impact statement (EIS) for the Southside Reliability Enhancement Project proposed by Transcontinental Gas Pipe Line Company, LLC. FERC determines that the “most adverse environmental impacts would be temporary (during construction) or short-term (returning to background levels within 3 years following construction), but some permanent impacts, although not significant, would occur from Project operation;” however “impacts on environmental justice communities” near two compressor stations and two meter stations “would be disproportionately high and adverse.” FERC accepts comments on the draft EIS (Docket No. CP22-461-000) until Dec. 12, 2022.
- Oct. 7, 2022: FERC releases the final environmental impact statement (EIS) on the Spire STL Pipeline Project proposed by Spire STL Pipeline, LLC, for operation in Missouri and Illinois. FERC determines that “impacts from continued operation of the Spire STL would be less than significant, with the exception of climate change impacts resulting from GHG emissions that are not characterized as significant or insignificant.” In regard to the Laclede/Lange and Chain of Rocks Delivery Stations, FERC notes that the operation “would have disproportionately high and adverse impacts on environmental justice communities, although these impacts would not be significant.”
- Sep. 30, 2022: FERC releases a draft EIS for the Ohio Valley Connector Expansion Project proposed by Equitrans, LP in Pennsylvania, West Virginia, and Ohio. The Commission determines that the Project’s impacts on the environment would not be significant, and that “most adverse environmental impacts would be temporary or short-term during construction and would have minimal effects on existing land use, as the proposed facilities would be added within an area already characterized by energy production and transmission facilities.” Comments on the draft EIS are due to the Commission by Nov. 21, 2022, and must reference Docket No. CP22-44-000.
- Sep. 9, 2022: FERC releases a final environmental impact statement (EIS) for the proposed Commonwealth liquefied natural gas (LNG) export project on Louisiana’s Gulf Coast. The Commission finds that even with mitigation measures, the “impacts on environmental justice communities would be disproportionately high and adverse.” FERC has not said when it will issue a final decision on whether to approve the project.
- June 1, 2022: Montina Cole, FERC’s Senior Counsel for Environmental Justice and Equity, says the commission will weigh “cumulative impacts and health impact assessments and impact mitigation measures” around natural gas projects. Cole also says FERC will be building its capacity to engage tribal governments; the commission currently employees only one tribal liaison to engage with 574 tribal nations.
- April 15, 2022: FERC issues its first ever Equity Action Plan as part of its implementation of Executive Order 13985. The two-year plan focuses on five areas: build the Office of Public Participation, strengthen Tribal government consultation and engagement, ensure natural gas project certification and siting policies are consistent with EJ, ensuring hydropower licensing processes are consistent with EJ, and strength FERC staff’s capacity to understand and promote equity as part of FERC’s mission.
- March 29, 2022: FERC issues its Strategic Plan for Fiscal Years 2022-2026. The plan includes prioritizing improved accessibility and participation in FERC proceedings, especially with Tribal governments, and integrating environmental justice and equity considerations into Commission processes and decision making.
- March 28, 2022: The director of FERC’s Office of Public Participation, Elin Katz, says the office is exploring options to compensate members of the public for legal fees and other costs associated with participation if doing so creates a hardship for them.
- March 25, 2022: FERC issues a unanimous decision withdrawing the policy brief issued on Feb. 17 and reverting back to the agency’s prior method for reviewing natural gas pipeline applications. The new policy would have required FERC to consider environmental interests and the interests of environmental justice populations and surrounding populations. FERC Chair Richard Glick says the new guidelines “could benefit from further clarification.” The agency will accept comments on the policy drafts until April 25.
- Feb. 18, 2022: FERC announces the appointment of Nicole Sitaraman as deputy director for the Office of Public Participation. Sitaraman previously worked as vice president of external affairs and policy at a DC-based consulting firm.
- Feb. 17, 2022: FERC announces new policy that will guide its reviews of new natural gas infrastructure development. The Commission will now consider a proposed project’s effect on climate change and a wider set of impacts on landowners and environmental justice communities. FERC will also now assess the economic need for a project beyond whether one or more shippers have committed to buying the gas.FERC also sets, for the first time, a greenhouse gas emission threshold to determine whether it automatically prepares an environmental impact statement (EIS). For proposed interstate pipelines, FERC will consider the project’s construction and operational emissions and may also consider downstream and upstream emissions. For proposed liquefied natural gas terminals, FERC will consider only its construction and operational emissions. For all projects, FERC considers emissions of 100,000 metric tons per year to be significant and therefore trigger a full EIS.
- Nov. 16, 2021: The Senate confirms Willie Phillips Jr. to fill the open seat on FERC.
- Oct. 28, 2021: FERC Chair Richard Glick states that the need for expediency in expanding the grid should not come at the expense of sidelining input from historically marginalized communities. FERC is committed to preventing new transmission projects from exacerbating environmental justice issues and is considering implementing new rules to govern the planning process.
- Oct. 21, 2021: FERC authorizes two liquefied natural gas facilities, Corpus Christi Liquefaction in Texas and Sabine Pass Liquefaction in Louisiana, to increase their LNG production capacity. FERC states that this increased production capacity will not increase criteria pollutant or greenhouse gas emissions above previously analyzed levels. The Sierra Club criticized FERC’s decision, stating that this assessment disregards the impact that increased production capacity will have on impacted communities along the Gulf Coast and ignores the damage that existing facilities have already caused.
- Oct. 12, 2021: FERC announces the appointment of Elin Katz as director of the agency’s new Office of Public Participation. The Office was created to increase accessibility to FERC’s proceedings and to ensure meaningful participation from a more diverse range of people.
- Sep. 9, 2021: President Biden announces his intent to nominate Willie Phillips Jr., a Washington utility regulator, to fill the remaining open seat at FERC. If approved by the Senate, the majority of members on FERC will be Democratic appointees. Phillips Jr. was nominated over the objections of many advocates, including over 490 environmental, tribal, and community-based organizations that had previously sent President Biden a letter naming three preferred nominees committed to environmental and energy justice.
- June 24, 2021: FERC announces its first steps in establishing an Office of Public Participation (OPP), which Congress first authorized in 1978. These steps include hiring a director, deputy director, and administrative staff member by the end of FY 2021. The office should be fully operational by the end of FY 2024. See FERC’s full report on establishing the OPP here.
- May 20, 2021: FERC announces the appointment of Montina Cole as its first senior counsel for environmental justice and equity.
- February 16: FERC Chair Richard Glick announces a new senior position to focus on environmental justice and equity issues and ensure such concerns are given full consideration.
Federal Permitting Improvement Steering Council (FPISC)
The Federal Permitting Improvement Steering Council, along with the Office of Management and Budget and the CEQ, issues guidance to federal agencies for implementing the Biden-Harris Permitting Action Plan. The memorandum, which seeks to strengthen and accelerate federal environmental review and permitting, provides guidance on conducting early outreach with tribes, states, territories, and local communities; accelerating permitting through early inter-agency coordination; establishing timeline goals and tracking project information; and improving responsiveness, technical assistance, and support.
- Jan. 19, 2024 The Permitting Council Executive Director requested comments for the Environmental Review Improvement Fund Tribal Assistance Program (ERIF TAP).The Executive Director of the Permitting Council is authorized to transfer funds from ERIF to Tribal governments. The Director sought public comment on the application form used to collect information from Tribal governments that seek ERIF TAP funding. Comments are due by March 19, 2024. Comments on ERIF TAP can be submitted here.
- Nov. 9, 2023 The FPISC announces $25 million in funding for IT development in the infrastructure permitting review process. These funds will support needed IT investments to strengthen the efficiency and predictability of federal agency environmental reviews and permitting. The upgrades will also facilitate agency coordination and improve public engagement.
- Sep. 22, 2023 The FPISC published a proposed rule to revise the scope of “mining” sector projects eligible for coverage under Title 41 of the Fixing America’s Surface Transportation Act (FAST–41). Under the Trump Administration, the Permitting Council added “mining” as a FAST–41 sector in January 2021. This proposed rule would: (1) revise the FAST–41 “mining” sector to apply solely to critical minerals mining projects; and (2) expand the scope of the sector to include infrastructure constructed to support critical minerals supply chain activities, including critical minerals beneficiation, processing, and recycling. The proposed rule includes recommendations to integrate best practices for tribal and community engagement. Comments closed on Oct. 23, 2023.
Health and Human Services (HHS)
- Dec. 3, 2023 HHS released a Climate Change and Health Equity Strategy Supplement, describing HHS agencies’ response to the climate crisis. The supplement details both actions already taken and planned actions for HHS agencies to reduce greenhouse gas emissions and improve climate change resilience, with a discussion of the overlap between health and environmental justice concerns. Read the full HHS supplement here.
- Nov. 16, 2023 HHS released resources to support federal agencies and state, local, and tribal governments in addressing social determinants of health. These resources include the U.S. Playbook to Address Social Determinants of Health, which focuses on the actions of federal agencies to promote multiple dimensions of health, including a healthy environment.
- Nov. 14, 2023 HHS, as part of the U.S. Global Change Research Program (USGCRP), announced the release of the Fifth National Climate Assessment (NCA5). NCA5 is an analysis of the state of climate change in the U.S., and highlights climate change harms to human health. The assessment focuses on the particular harms borne by people with few material resources and the heightened vulnerability of BIPOC communities, sexual and gender minorities, and people with disabilities. Click here to read the NCA5 assessment.
- Sep. 28, 2023 HHS announces the launch of the Climate and Health Outlook Portal. The Portal provides county-level forecasts of extreme heat, wildfire, and drought forecasts alongside individual risk factors in a community that might make those communities more vulnerable to those climate-related events. Access the Climate and Health Outlook Portal here.
- Sep. 18, 2023 HHS launches the Environmental Justice Community Innovator Challenge to fund community and Tribal-led efforts to address health inequities in disadvantaged communities. The challenge offers prizes totaling $1 million that applicants may access by offering their own approaches to resolving systemic health disparities in their communities. Applications for Phase 1 funding are due by Jan. 30, 2024. For more information on the Innovator Challenge, click here.
- June 1, 2023 HHS and the Health Resources and Services Administration (HRSA) announce $65 million in funding for health centers with sites located in areas impacted by Hurricanes Fiona and Ian in FL, NC, SC, and Puerto Rico. This funding is available for new construction, renovation and repair projects, and infrastructure improvements to prepare for future emergencies. Applications must be submitted to the HRSA Electronic Handbooks (EHB) by July 6, 2023. Funding Opportunity No. HRSA-23-122.
- May 24, 2023 HHS’s Office of Civil Rights releases its Language Access Annual Progress Report, outlining the agency’s progress towards providing people full and equal access to HHS’ programs and services. The Report highlights that the agency is working on rulemaking to incorporate recent civil rights case law developments under Title VI of the Civil Rights Act of 1964 and Section 504 of the Federal Rehabilitation Act of 1973. The Report also outlines the agency’s goals for 2023, including setting up a centralized language access assistance center for translation and interpretation of program materials.
- May 4, 2023 HHS and the Dept. of Justice (DOJ) reach an interim resolution agreement with the Alabama Department of Public Health and the Lowndes County Health Department in the environmental justice investigation into whether the Alabama agencies violated Title VI of the Civil Rights Act of 1964. Title VI prohibits programs and activities from discriminating on the basis of race, color, or national origin if the agencies facilitating the programs receive any federal funds. HHS and DOJ’s investigation revealed that the Alabama agencies imposed criminal penalties on Black residents of Lowndes County for poor sanitation conditions that the residents did not have the capacity to alleviate, further exacerbating the disproportionate burden and impact on these residents.
- Mar. 16, 2023: HHS awards $1.6 billion in grants to states, US territories, and tribes to support affordable heating and cooling efforts in low-income households through the Low Income Home Energy Assistance Program. Funds from this award can be spent on weatherization assistance, heating, cooling, reduction of residential energy burden, and with immediate and temporary home energy needs caused by natural disasters.
- Feb. 27, 2023: HHS’s Office of Civil Rights announces new internal divisions for Enforcement, Policy, and Strategic Planning, to better and more efficiently respond to civil rights and information privacy complaints.
- Nov. 2, 2022 HHS releases $4.5 billion as part of the Low Income Home Energy Assistance Program (LIHEAP) to help lower families’ heating and cooling costs and make home energy repairs. The funds, distributed by the Office of Community Services, will flow through states, territories, and tribes. Individuals interested in applying for assistance can visit energyhelp.us or call 1-866-674-6327.
- Aug. 10, 2022: The Agency for Toxic Substances and Disease Registry releases its Environmental Justice Index (EJI)–the first national tool to map cumulative environmental burdens through the lens of human health and health equity. The EJI uses data from the Census Bureau, EPA, the Mine Safety and Health Administration, and the Centers for Disease Control and Prevention to measure and rank the cumulative impacts of environmental burdens at the census tract-level based on 36 factors, including transportation infrastructure, pollutant exposure, preexisting health conditions, walkability, race, and housing type. The tool provides a single score for each census tract, which public health officials can then use to identify areas that are most at-risk for health impacts from pollution and other poor environmental conditions.
- May 31, 2022: HHS announces a new Office of Environmental Justice within HHS’s Office of Climate Change and Health Equity, which will focus on developing and implementing a department-wide EJ strategy and offer EJ expertise to HHS’s Office of Civil Rights. The office will be led by Dr. Sharunda Buchanan who previously worked at the Centers for Disease Control and Prevention where she researched childhood lead poisoning.
- April 14, 2022: HHS releases its first ever Equity Action Plan as part of its implementation of Executive Order 13985. The plan includes commitments to address maternal mortality among Black, Native American and Alaska Native women; address barriers faced by people with limited English proficiency in accessing HHS programs; incorporate equity considerations into funding opportunities; and advance civil rights enforcement, including clarifying nondiscrimination provisions to prohibit discrimination on the basis of sexual orientation and gender identity. The plan also recognizes that “HHS must simultaneously shift the culture, resources, and approaches available to HHS to institutionalize and sustain a focus on equity over time.” See a summary of HHS’s Equity Action Plan here.
- Apr. 8, 2022: HHS requests public input on its draft outline to further the development of the 2022 Environmental Justice Strategy and Implementation Plan. The final plan will guide agency actions to addressing environmental and health disparities, including in communities disproportionately impacted by environmental burdens. Comments are due by midnight ET on May 19, 2022. Send in your comments via email to [email protected].
- Mar. 30, 2022: The newly released Fiscal Year 2023 budget request includes $100 million for research on the human health impacts of climate change at the National Institute of Environmental Health Sciences. THat research would include a focus on individuals and communities who are vulnerable due to factors such as “poverty, discrimination, and access to care.” $90 million would go to the Climate Change and Human Health Program at NIEHS, and $10 would be distributed to research management and support programs.
- Nov. 1, 2021: HHS’ Administration for Children and Families is awarding over $3.3 billion through the Low Income Home Energy Assistance Program (LIHEAP) to low-income families to help with heating costs and cost-effective energy repairs. These funds are in addition to the $4.5 billion in LIHEAP funds included in the American Rescue Plan Act. Read more about the initiative here. Individuals can apply for assistance through their local LIHEAP agency or by calling the National Energy Assistance Referral (NEAR) hotline at 1-866-674-6327.
- Oct. 26, 2021: HHS seeks comments from Native Hawaiian and Pacific Islander (NHPI) communities and NHPI-serving organizations to guide HHS’ Center for . Indigenous Innovation and Health Equity, including identifying priority health disparity issues, community engagement practices, and culturally appropriate interventions. Submit public comments by Nov. 19, 2021 by emailing CAPT Samuel Wu at [email protected] with the subject line “OMH RFI: CIIHE NHPI”.
- Oct. 13, 2021: The Agency for Healthcare Research and Quality publishes a request for information on how to “best use its resources to help build the healthcare system’s resilience to climate threats, reduce the healthcare industry’s contribution to climate change while increasing sustainability, and address environmental justice issues in healthcare.” Comments are due Dec. 13 and can be submitted electronically here.
- Oct. 8, 2021: The Food and Drug administration announces its first of several anticipated public meetings to discuss the Closer to Zero action plan, which addresses exposure to toxic elements from foods consumed by babies and young children. The first meeting will cover the plan’s scope with regards to impacts of toxic elements exposure and nutrition on children at different developmental life stages. The first meeting will be on Nov. 18 from 10am-4pm ET. Click here to register for the meeting, and click here to submit comments electronically. Comments are due by Dec. 20, 2021.
- Oct. 7, 2021: HHS releases its Climate Action Plan, including commitments to diversify its workforce and update climate vulnerability assessments.
- Aug. 30, 2021: In response to President Biden’s EO, HHS establishes the Office of Climate Change and Health Equity (OCCHE) to address climate change and health equity. OCCHE is tasked with several specific actions including, for example, identifying communities who are disproportionately impacted, addressing health disparities by climate impacts, assisting with regulatory efforts to reduce GHG and criteria air emissions throughout the health care sector, and fostering innovation in climate adaptation and resilience for disadvantaged communities.
- July 22, 2021: HHS begins hiring to fill two to five positions in the new Office of Climate Change and Health Equity.
- June, 2021: The CDC launches a new Heat & Health Tracker, displaying the rate of emergency department visits associated with heat-related illness by region. The data is near real-time. The interactive map also provides a monthly forecast of expected number of days in the next month at or above dangerous heat levels.
- Jan. 27, 2021: President Biden orders the HHS Secretary to establish an Office of Climate Change and Health Equity. The order also directs the Secretary to establish an Interagency Working Group to Decrease Risk of Climate Change to Children, the Elderly, People with Disabilities, and the Vulnerable.
Housing and Urban Development (HUD)
For an overview of HUD’s community investments, see the agency’s Community Assessment Reporting Tool (CART).
- Mar. 28, 2024 HUD issued a notice of proposed information collection for its Relocation Options Study. This study will analyze the efficacy of buyouts, relocation, and resettlement in mitigating hazard risk exposure, and will assess the possible adverse outcomes, inequities and benefits of a relocation program. The agency’s stated goal is to improve equity in the use of disaster recovery and climate mitigation funds for households that participate in buyout programs in communities that have received disaster recovery grants, including disaster recovery (CDBG-DR) and mitigation (CDBG-MIT) grants. Comments on HUD’s Relocation Options study can be submitted here. Comments are due May 28, 2024.
- Jan. 11, 2024 HUD published a proposed rule to promote economic development in underserved communities through Community Development Block Grant (CDBG) and Indian Community Development Block Grant Programs (ICDBG). The proposed rule would streamline program requirements, promote economic development and investments in underserved communities, and enable larger construction projects. The comment period ends on Mar. 11, 2024. Click here to submit a comment on HUD’s proposed rule to promote economic development in underserved communities.
- Oct.19, 2023: HUD announced $103.4 million in new loans and grants to renovate homes for 1,500 low-income households at 16 HUD-Assisted Multifamily Housing properties to be zero energy and resilient. The funding is issued under the Green and Resilient Retrofit Program (GRRP) to enable upgrades that could otherwise be cost-prohibitive. For the full list of grantees, click here.
- Sep. 29, 2023 HUD seeks public comments on its proposed collection of information, Assessing CDBG-DR and Disaster Recovery Outcomes of Renter Households. Comments will guide HUD’s information collection as it seeks to evaluate renter outcomes, barriers to recovery resources, and Federal and local implementation of CDBG-DR grants. Comments are due by Nov. 28, 2023 and can be submitted online at reginfo.gov (ICR Ref No 202308-2506-001) or can be sent to: Anna Guido, Reports Management Officer, REE, Department of Housing and Urban Development, 451 7th Street SW, Room 8210, Washington, DC 20410–5000 or emailed to [email protected].
- Sep. 21, 2023 HUD announces its Funding Navigator, an online tool allowing prospective federal funding applicants to browse the billions of dollars in funding available under the Inflation Reduction Act and Bipartisan Infrastructure Law. The Funding Navigator can be accessed by clicking here.
- Sep. 8, 2023 HUD announces $157 million in awards through the Housing-Related Hazards and Lead Based Paint Capital Funds. The funding will go to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint, carbon monoxide, mold, radon, and asbestos.
- Aug. 25, 2023: HUD announces $138 million in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds to provide additional disaster assistance to communities in California, Alabama, and Georgia. CDBG-DR funds must principally benefit low- and moderate-income (LMI) persons.
- Aug. 17, 2023: HUD announces $140 million in awards to 36 state and local government agencies to protect children and families from lead-based paint and other home health hazards. The grants are issued through HUD’s Lead-Based Paint Hazard Reduction program and a new Lead Hazard Reduction Capacity Building grant program to address lead and health hazards in low-income families’ homes. Learn more about the awards here.
- July 24, 2023 HUD releases a guide for Community Development Block Grant-Disaster Recovery (CDBG-DR) grantees on how to comply with fair housing and civil rights laws in drafting their disaster recovery or mitigation Action Plans. In the guide, HUD defines Protected Classes, Vulnerable Populations, and Underserved Communities, and includes guidance on the range of physical, social, economic, and environmental vulnerabilities these populations may face that grantees should account for in their Action Plans. HUD also outlines how grantees can effectively engage with community members to inform their Action Plans, including using HUD’s Citizen Participation & Equitable Engagement Toolkit.
- July 18, 2023 HUD announces the first four recipients of technical assistance through the Thriving Communities Technical Assistance (TCTA) program: Syracuse, NY; Rockford, IL; Redmond, WA; and Sun Prairie, WI. The TCTA program supports local governments in coordinating housing and anti-displacement strategies with increased access to transportation projects to address housing inequities, and accepts applications for the program on a rolling basis. HUD is part of the interagency Thriving Communities Network, along with the Departments of Transportation, Energy, Commerce, and Agriculture, and the EPA and General Services Administration.
- June 22, 2023 HUD announces $75 million in grants through the Indian Community Development Block Grant (ICDBG) program. The ICDBG program funds housing and community development projects in Indian and Alaska Native communities that either principally benefit low- and moderate-income people, or address issues that pose an “imminent threat” to the public health or safety of these communities. Indian Tribes or Tribal organizations are eligible to apply for up to $5 million per grant, and applications are due Sept. 5, 2023.
- May 12, 2023 HUD reaches a voluntary compliance agreement with the City of Chicago and three community organizations following the agency’s findings that the city did not comply with Title VI of the Civil Rights Act of 1964 and Section 109 of the Housing and Community Development Act of 1974. The community organizations filed a complaint with the agency in July 2022 alleging that the City shifted pollution activities from predominantly white neighborhoods to predominantly Black and Hispanic neighborhoods that the City knew were already overburdened with environmental hazards. As part of the agreement, the City agrees to complete a “comprehensive study of environmental burdens” that will be used to reform the City’s land use, permitting, and environmental enforcement policies and procedures.
- May 11, 2023 HUD announces loans and grants available through the Green and Resilient Retrofit Program (GGRP) for housing quality and resiliency improvements. The GGRP funding can be used for projects in HUD-assisted multifamily properties that reduce energy and water use, make the properties more resilient to extreme weather events and natural disasters, and that reduce greenhouse gas emissions from the property. HUD is accepting rolling applications and is making the funding available in phases.
- Mar. 24, 2023: HUD issues a proposed rule designed to make federally-financed housing more resilient to flooding. The rule would revise the agency’s floodplain management and wetland protection rules to implement the Federal Flood Risk Management Standard (FFRMS), and would require newly constructed buildings or buildings rebuilt after a disaster to be elevated at least 2 feet above sea level if they are located in a flood zone. The public can submit comments on HUD’s proposal by May 23, 2023 at regulations.gov (Docket ID No. HUD-2023-0025-0008).
- Mar. 15, 2023: HUD announces the creation and staffing of two new offices to address disaster recovery: the Office of Disaster Management (ODM) in the Office of the Deputy Secretary, and the Office of Disaster Recovery (ODR) within the Office of Community Planning and Development. HUD also announces the allocation of $3.3 billion in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds to six states and Puerto Rico. The funds must be used in the most impacted and distressed areas for disaster relief, long-term recovery, economic revitalization, mitigation, and the restoration of infrastructure and housing.
- Jan. 26, 2023: HUD transitions the agency’s Disaster Recovery and Special Issues Division into a new Office of Disaster Recovery (ODR). The transition will allow HUD to expedite certain services and better coordinate disaster recovery-related functions. The office will continue to serve communities impacted by major disasters or that receive Community Development Block Grant for Disaster Recovery (CDBG-DR) funds.
- Jan. 13, 2023: HUD issues two notices of funding opportunities (NOFOs) to address lead-based paint and other housing-related hazards for low-income households and public housing residents. The first notice provides $403 million for states and local governments to remediate pre-1978 privately-owned homes for low-income families as part of HUD’s Lead Hazard Reduction Grant Program. Applications are due by Mar. 14, 2023. The second notice provides $165 million for Public Housing Agencies (PHAs) to evaluate and mitigate threats to public housing residents, including lead-based paint, carbon monoxide, mold, radon, fire, and asbestos. Applications are due by Apr. 13, 2023.
- Jan. 10, 2023 The Biden-Harris Administration releases the US National Blueprint for Transportation Decarbonization, developed in partnership between DOE, DOT, EPA, and HUD. This Blueprint focuses on addressing the inequities in a transition to a decarbonized transportation system,including high costs and lack of easy access to transportation systems. The agencies will further collaborate with regional, state, and tribal governments, as well as other stakeholders in the private and public sectors to implement the Blueprint.
- Jan. 1, 2023 HUD launches its Community Resilience Toolkit. This is a resource for recipients of HUD Community Planning and Development funds in developing mitigation plans for climate and disaster risk.
- Dec. 20, 2022 HUD opens two requests for information in an effort to make its Community Development Block Grant for Disaster Recovery (CDBG-DR) program more efficient, fair, and timely. These initiatives are part of the agency’s Climate Action Plan, and are aimed at equitably delivering aid resources for long-term recovery and resilience efforts. HUD’s RFIs are seeking input on the CDBG-DR funding rules, waivers, and requirements, as well as on the agency’s CDBG-DR allocation formula, with comments due Feb. 21, 2023 via regulations.gov. Document ID Nos. HUD-2022-0083-0001 and HUD-2022-0084-0001
- Dec. 8, 2022: HUD releases updated guidance on the use and eligibility of the Rate Reduction Incentive (RRI) for public housing agencies. The program encourages agencies to reduce utility rates by expanding options for purchasing power from renewable sources, including on-site or community solar development.
- Nov. 30, 2022: HUD issues a proposed rule for the Section 184 Indian Home Loan Guarantee Program to increase homeownership opportunities for Native American families by providing a federal guarantee on qualifying loans in the event of default. The rule would also authorize HUD to establish a minimum level of lending on trust land. Learn more about the proposal here. HUD will accept public comments on the proposal after it is published in the Federal Register.
- Nov. 29, 2022: HUD announces the establishment and membership of its first-ever Tribal Intergovernmental Advisory Committee (TIAC).
- Nov. 21, 2022: The Federal Housing Administration (FHA) announces that effective Dec. 21, 2022, homeowners with FHA-insured mortgage financing can obtain flood insurance policies conforming to FHA requirements from private insurance providers. Click here for the rule published in the Federal Register. Previously, homeowners could only purchase qualifying policies under the National Flood Insurance Program (NFIP).
- Oct. 24, 2022: HUD announces the new Rapid Unsheltered Survivor Housing (RUSH) program to assist the most marginalized disaster survivors find housing post-disaster. The program will provide displaced survivors at risk of long-term homelessness with direct, long-term rental assistance and supportive services. The first allocation of nearly $6.8 million will go to eight grantees, with a second allocation expected later in 2022.
- Sep. 27, 2022: HUD published a Request for Information to engage the public regarding the development of its Green and Resilient Retrofit Program (GRRP). This program will provide grant and loan funding to “facilitate retrofits of properties participating in its Multifamily assisted housing programs to make them more energy efficient, healthier, and resilient in the face of natural disasters and climate change.” Comments must be submitted on regulations.gov (Docket No. FR-6350-N-01, HUD-2022-0072) by Oct. 27, 2022.
- Sep. 21, 2022: HUD makes available $174.6 million in grant funding for funding and project rental subsidies for the development and ongoing operation of supportive rental housing for very low-income persons, aged 62 years or older. Applicants must be 501(c)(3), (c)(4), or consumer cooperative non-profits. Applications are due on grants.gov (Opportunity Number FR-6600-N-52), by January 25, 2023.
- Sep. 2, 2022: HUD announces $40 million in funding to protect families from home health and safety hazards, including for fixing of older housing and preserving affordable housing. This funding is being made available as part of HUD’s Healthy Homes Production Program (HHP) and Healthy Homes Initiative, as well as builds on HUD’s Lead Hazard Control program. Applications are due by Oct. 18, 2022, on grants.gov (Opportunity NUmber FR-6600-N-44).
- July 27, 2022: HUD issues new guidance to help families in HUD-assisted multifamily rental housing subscribe to local community solar. Specifically, the guidance states that families’ participation in solar programs that cut their energy bills will not count against their income, which is used to determine families’ level of rent assistance.
- July 15, 2022: HUD announces that 24 of its programs will be covered under the Biden Administration’s Justice40 Initiative, including the Community Development Block Grant for Disaster Recovery (CDBG-DR), HOME Grants, Lead Hazard Reduction and Healthy Homes Grants, and four Native American-specific programs.
- June 27, 2022: HUD announces a new data sharing agreement (DSA) between FEMA and HUD regarding grantees under the Community Development Block Grant programs for Disaster Recovery (CDBG-DR), Mitigation (CDBG-MIT), and National Disaster Resilience (CDBG-NDR) to address privacy-related issues. regarding HUD long-term disaster recovery fund grantees. Grantees will need to revise their data sharing agreements to match.
- Apr, 14, 2022: HUD releases its first ever Equity Action Plan. The plan includes expanding procurement to include “socially disadvantaged businesses,” issuing new rules and guidance to strengthen prohibitions against discrimination in housing, eliminating the racial homeownership gap, and increasing housing stability for undeserved and economically insecure households. Read a summary of HUD’s Equity Action Plan here.
- Apr. 11, 2022: Adjoa B. Asamoah is named HUD’s first ever Senior Advisor for Racial Equity. Asamoah will work on the implementation of Biden’s Racial Equity executive order, including the agency’s Equity Action Plan.
- Mar. 28, 2022: The Biden administration releases its Fiscal Year 2023 Budget which makes several allocations to HUD to “advance sustainable communities, climate resilience, and environmental justice,” including:
- $1.1 billion for climate resilience and energy efficiency improvements in public, Tribal, multifamily-assisted housing, and other assisted housing
- $400 million to remove health hazards from homes, including lead, carbon monoxide, and radon
- $250 million to develop and implement community-driven comprehensive neighborhood plans
- Authorizing the Community Development Block Grant for Disaster Recovery (CDBG-DR) program.
- Mar. 24, 2022: HUD allocates almost $3 billion in Community Development Block Grant for Disaster Recovery (CDBG-DR) funds to state and local governments recovering from disasters, including wildfires in California and Colorado, ice storms in Texas, and damage from Hurricane Ida. HUD also allocated an additional $723 million to states recovering from 2020 disasters, including Hurricanes Sally and Zeta. The funds must be spent according to HUD’s Feb. 1 Consolidated Notice, which requires recipients to prioritize climate change mitigation and equity for underserved communities.
- Mar. 23, 2022: The Biden administration releases an action plan to address racial and ethnic bias in home valuations. The plan comes from the Interagency Task Force on Property Appraisal and Valuation Equity (PAVE), co-led by HUD, and lays out goals to combat racial and ethnic bias in home valuations, which limits the ability of Black and brown households to accumulate multigenerational wealth and achieve housing stability. The PAVE plan includes steps to strengthen guardrails against unlawful discrimination, enhance oversight and accountability of the appraisal industry, diversify the appraiser workforce, empower consumers, and develop a research agenda on appraisal bias.
- Mar. 22, 2022: HUD’s Office of Inspector General (OIG) releases a report finding that 31,500 of a total 200,000 mortgages provided by Federal Housing Administration (FHA) taxpayer-backed loans do not have proper flood insurance. The OIG’s report follows a report released two years ago finding that 73% of FHA-backed homes in North Carolina and Florida are in flood-prone areas. The FHA declined to respond to the OIG’s findings.
- March 8, 2022: HUD finds that the Texas General Land Office’s (GLO) distribution of more than $2 billion in flood mitigation funds following Hurricane Harvey violated Title VI of the Civil Rights Act of 1964. Specifically, GLO’s allocation competition of Community Development Block Grant-Mitigation (CDBG-MIT) funds used two scoring criteria that “substantially and predictably disadvantaged minority residents, with particularly disparate outcomes for Black residents.” Last year, Houston and Harris County were initially awarded no funds out of more than $1.3 billion in federal flood relief. The civil rights complaint was filed by Texas Housers and the Northeast Action Collective. On May 16, HUD makes a formal determination that GLO violated Title VI and gives the Office 10 days to fix the recovery plan, saying GLO “may remain ineligible for discretionary funding until this matter is resolved to [HUD’s] satisfaction.”
- Feb. 28, 2022: HUD and DOE announce the Better Climate Challenge, a voluntary, market-based platform for organizations to meet portfolio-wide greenhouse gas emissions (scope 1 and 2) reduction goals. Seven of the 80 inaugural partners are public housing or multifamily partners serving 40,000 low-and moderate-income households. The program builds on HUD’s Better Building Challenge by requesting commitments of 50 percent portfolio-wide reductions in carbon emissions over 10 years.
- Feb. 1, 2022: HUD issues a Consolidated Notice with the requirements for how Community Development Block Grant – Disaster Recovery (CDBG-DR) grantees should spend over $2 billion, first allocated in November 2021. Click here for a list of grantees. The Notice states that grantees must conduct a needs assessment to determine if CDBG-DR funds will have an “unjustified discriminatory effect on OR failure to benefit racial and ethnic minorities in proportion to their communities’ needs,” in addition to other requirements. Grantees are also “strongly encouraged” to explain how investments will “overcome prior disinvestment in infrastructure and public services for protected groups.”
- Jan. 26, 2022: HUD issues a Notice of Funding Opportunity (NOFO) of $4 million through its new Radon Testing and Mitigation Demonstration Program for public housing agencies to reduce the exposure of low-income families to radon. According to the EPA, 1 in 15 US homes have elevated radon levels, and radon is the number one cause of lung cancer among non-smokers. HUD expects to make 15 awards from the available funds. The deadline to apply is March 28, 2022. Questions should be directed to Dr. Rhona Julien at [email protected].
- Dec. 16, 2021: HUD awards nearly $13.2 million to state and local government agencies in California, Ohio, and Tennessee to address lead-based paint and home health hazards as part of the Lead Based Paint Hazard Reduction (LBPHR) Grant Programs. The funds will target over 600 low-income housing units in Long Beach, Cleveland, and Clarksville. See HUD’s announcement for more information on the funding amounts and target homes.
- Dec. 9, 2021: The Government Accountability Office (GAO) releases a report recommending that HUD collect, analyze, and publish demographic data from Community Development Block Grant for Disaster Recovery (CDBG-DR) grantees on aid recipients in order to better assess whether or not the funds are reaching targeted vulnerable populations. HUD neither agrees nor disagrees with the recommendation, but identifies possible ways to collect that data.
- Dec. 6, 2021: The same day as the first Tribal Nations Summit since 2016, the White House releases a memorandum of understanding (MOU) signed by 17 federal agencies, including HUD, committing to increase consultation and collaboration with Tribes in recognition of existing treaty and reserved rights. The MOU includes agency-specific commitmemts including to create a searchable treaty database, and integrate tribal treaty and reserved rights early into agency decision-making, in particular work to address the climate crisis. (See pp. 3-4 of the MOU for more).
- Dec. 1, 2021: The US Commission on Civil Rights is investigating possible discrimination in the federal response to Hurricanes Maria and Harvey in 2017. The inquiry will assess responses led by FEMA and HUD. While the commission has no regulatory authority, the result of the investigation could prompt regulatory or legislative reforms. In June, the Commission held a virtual briefing on the issue, and in March, the Commission’s Texas Advisory Committee submitted a report describing how the federal government’s response to Harvey exacerbated racial and ethnic disparities in wealth, income, and housing.
- Nov. 17, 2021: HUD releases its Climate Action Plan recognizing climate change’s disparate impacts on low-income families and communities of color and announcing three goals designed to mitigate those impacts. The third goal, environmental justice, is supported by proposals to promote climate justice in tribal communities, encourage equitable community engagement, create green jobs, and reduce exposure to lead poisoning and radon.
- Nov. 1, 2021: HUD allocates over $2 billion in disaster recovery and mitigation funds (as part of the CDBG-DR and CDBG-MIT programs) to 10 states recovering from the 2020 disasters. HUD states that the funds will go towards projects “with a specific focus on low- and moderate-income populations” for disaster relief and long-term recovery “in the most impacted and distressed areas.”
- Sep. 13, 2021: National Public Radio finds that HUD sells homes in flood-prone places at 75 times the rate of homes sold nationwide, and does not disclose flood risks to buyers in its home listings. This trend disproportionately exposes low-income homeowners to flood risks.
- June 25, 2021: HUD publishes a proposed rule recodifying the 2013 “Implementation of the Fair Housing Act’s Discriminatory Effects Standard” rule.
- June 18, 2021: The Biden administration convenes a HUD-led interagency task force to review the home appraisal process and recommend regulatory and legislative steps to reduce racial disparities, including “conducting rulemaking to aggressively combat housing discrimination.”
- June 10, 2021: HUD issues an interim final rule reinstating the 2015 Affirmatively Furthering Fair Housing (AFFH) rule, which Trump repealed. The rule allows HUD to suspend housing grants to municipalities that do not actively combat housing discrimination.