Minutes - 11-3-14 Reg. Meeting - Laserfiche WebLink

Home Browse Search

BK:00027 PG Legislation and Guidance Title VI of the Civil Rights Act of 1964 created a foundation for future environmental justice regulations. Since the establishment of Title VI, environmental justice has been considered in local, state, and federal transportation projects. Section 42.104 of Title VI and related statutes including Circular 4702.1B and 4703.1A describe the contents of Title VI Compliance that require Federal agencies to ensure that no person is excluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color, national origin, age, sex, disability, or religion. The National Environmental Policy Act of 1969 (NEPA) addresses both social and economic impacts of environmental justice. NEPA stresses the importance of providing for "all Americans safe, healthful, productive, and aesthetically pleasing surroundings ", and provides a requirement for taking a "systematic, interdisciplinary approach" to aid in considering environmental and community factors in decision making. The Civil Rights Restoration Act of 1987 further expanded Title VI to include all programs and activities of Federal aid recipients, sub - recipients, and contractors whether those programs and activities are federally funded or not. Executive Order 12898, issued in 1994: Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations. This piece of legislation directed every Federal agency to make Environmental Justice part of its mission by identifying and addressing all programs, policies, and activities that affect human health or the environment so as to identify and avoid disproportionately high and adverse effects on minority populations and low- income populations. Rather than being reactive, Federal, State, local and tribal agencies must be proactive when it comes to determining better methods to serve the public who rely on transportation systems and services to increase their quality of life. In April 1997, as a reinforcement to Executive Order 12898, the United States Department of Transportation (DOT) issued an Order on Environmental Justice (DOT Order 5610.2), which summarized and expanded upon the requirements of Executive Order 12898 to include all policies, programs, and other activities that are undertaken, funded, or approved by the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), or other U.S. DOT components. In December 1998, the FHWA issued the FHWA Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (DOT Order 6640.23) which mandated the FHWA and all its subsidiaries to implement the principles of Executive Order 12898 and U.S. DOT Order 5610.2 into all of its programs, policies, and activities. On October 7, 1999, the FHWA and the FTA issued a memorandum Implementing Title VI Requirements in Metropolitan and Statewide Planning. This memorandum provides clarification for field offices on how to ensure that environmental justice is considered during current and future planning certification reviews. The intent of this memorandum was for planning officials to understand that environmental justice is equally as important during the planning stages as it is during the project development stages.