Environmental and Civil Rights Protection

Federal agencies are advancing environmental justice by carrying out their responsibilities under the law to identify and address disproportionate and adverse public health and environmental, climate-related, and cumulative impacts on communities with environmental justice concerns. Agencies are working to ensure that all communities experience the protection of our country’s bedrock environmental laws. The following information reflects some of the environmental and civil rights work the Department of Defense (DOD) has done from January 2021 to September 2022.

For more information, please visit DOD's Equity Plan.

National Environmental Policy Act

The National Environmental Policy Act (NEPA) requires federal agencies to consider and disclose the environmental, health, and community impacts of certain decisions or actions before taking them. Environmental reviews help ensure the public is informed about potential actions, and give communities an opportunity to participate in the government’s decision-making process. Environmental reviews also ensure that federal agencies consider ways to protect and enhance public health and the environment, and advance environmental justice in their decision-making. The following information highlights some work the Department of Defense (DOD) has done from January 2021 to September 2022.

Phase One Scorecard metrics and highlights include:

• DOD and Military Departments provide policies and guidance to address environmental justice: the Army's policy can be found at 32 CFR Part 651, the Navy's policy can be found at 32 CFR part 775, and the Air Force's policy can be found at 32 CFR Part 989.
• 3 project modification(s) where environmental justice concerns were raised during the NEPA process
• The Navy selected multiple transportation options for the Pearl Harbor dry dock to help manage traffic, which minimizes impacts on historically overburdened communities.
• The Navy adjusted the Fallon modernization project to respond to several Tribal concerns.

Centering Environmental Justice in Decision-Making

Federal agencies work to ensure that the voices, perspectives, and lived experiences of communities are heard and reflected in the priorities, policies, and decision-making of the federal government. Agencies also take steps to respect Tribal sovereignty and ensure government-to-government consultation on federal policies. The following information highlights work the Department of Defense (DOD) has done from January 2021 to September 2022 to center environmental justice in its decision-making.

Consultation and Partnership with Tribal Nations

Phase One Scorecard metrics and highlights include:

• DOD began incorporating environmental justice considerations in its consultation policies: The DOD Instruction (DODI) 4710.02, DOD Interactions with Federally Recognized Tribes, and DODI 4710.03, Consultation with Native Hawaiian Organizations. For updates to DODI 4710.02, the Department hosted Tribal leaders in virtual, regional consultations in September 2022. Relevant polices also include the June 2014 Army Policy Guidance, Tribal Consultation; the Secretary of the Navy (SECNAV) Instruction 11010.14B from January 2019; and the Air Force policy outlined within the Cultural Resource program policy.
• More than 500 Tribal Consultation(s) related to environmental justice from January 2021 to September 2022
• Each DOD installation with significant need has a Remedial Advisory Board and conducts Tribal consultation as part of compliance with the National Historic Preservation Act and Executive Order 13175.
• The Army National Guard in several states has established annual, biannual, or quarterly in-person consultations to efficiently bring together Army National Guard (ARNG) leadership and Tribal leadership.
• Oregon Army National Guard, via the State’s Oregon Military Department, entered into an Intergovernmental Agreement with the Confederated Tribes of the Umatilla Indian Reservation for an ongoing habitat restoration project.

Since the start of the Biden-Harris Administration, federal agencies have been working to embed environmental justice into all aspects of their work, including by implementing Executive Order 12898 and Executive Order 14008. The following information shares some of the work the Department of Defense (DOD) has done from January 2021 to September 2022 to institutionalize environmental justice.

Phase One Scorecard metrics and highlights include:

• Has an environmental justice strategic plan that has not been updated in the past 5 years
• 2 tool(s) or resources to advance environmental justice
• At least 640 staff that work on environmental justice, either in a full- or part-time capacity
• 40 internal training(s) for staff on environmental justice
• 1 new or strengthened office(s) on environmental justice
• 3 new or strengthened internal working group(s), steering committee(s), council(s) on environmental justice
• The Army, the Navy, and the Air Force collaborated with the Environmental Protection Agency (EPA) in a Region III pilot study that supports creating guidance to incorporate environmental justice into the Superfund process. Each DOD installation with a significant need has a Remedial Advisory Board and conducts Tribal consultation consistent with the National Historic Preservation Act and Executive Order 13175.