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and adverse human health and environmental effects, including interrelated social and economic effects, of their programs, policies and activities on minority populations and low-income populations.
While the Executive Order was intended to improve the internal management of the executive branch and not to create legal rights by any party against the United States, federal agencies are required to implement its provisions “consistent with, and to the extent permitted by, existing law.” (Sections 6-608 and 6-609, 59 Fed. Reg. At 7632-33) One of the laws directly implicated by EJ is Title VI of the Civil Rights Act of 1964, as amended. Title VI prohibits discrimination on the basis of race, color, and national origin by recipients of federal financial assistance.
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Program Process
The Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) work with state department's of transportations, MPOs, transit providers, and other local agencies to ensure Title VI of the Civil Rights Act of 1964 and environmental justice considerations are integral to all surface transportation activities. In addition to making sure that Federal transportation regulations and policies affirm and reinforce nondiscrimination, Federal staff will take other important actions to:
Ensure that Title VI of the Civil Rights Act of 1964 compliance and environmental justice principles are understood and implemented in metropolitan and statewide planning activities and in NEPA processes and documents. Identify effective practices, potential models, and other technical assistance resources to promote the integration of environmental justice into all planning, development, and implementation activities.
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Frequently Asked Questions
Is Environmental Justice a New Requirement?
No. The recipients of Federal-aid have been required to certify and the U.S. DOT must ensure nondiscrimination under Title VI of the Civil rights Act of 1964 and many other laws, regulations, and policies.
Who does Title VI of the Civil Rights Act of 1964 and Environmental Justice address?
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin. Executive Order 12898 address persons belonging to any of the following groups:
- Black – a person having origins in any of the black racial groups of Africa.
- Hispanic – a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.
- Asian American – a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.
- American Indian and Alaskan Native – a person having origins in any of the original people of North America and who maintain cultural identification through tribal affiliation or community recognition.
- Low-Income – a person whose household income (or in the case of a community or a group, whose median household income) is at or below the U.S. Department of Health and Human Services poverty guidelines.
Do Title VI of the Civil Rights Act of 1964 and Environmental Justice apply to all transportation decisions?
Yes. Concern for environmental justice should be integrated into every transportation decision – from the first thought about a transportation plan to post-construction operations and maintenance. The U.S. DOT Order applies to 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:
- Policy Decisions.
- Systems Planning.
- Metropolitan and Statewide Planning.
- Project Development and Environmental Review under NEPA.
- Preliminary Design.
- Final Design Engineering.
- Right-of-Way.
- Construction.
- Operations and Maintenance.
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DOT Environmental Justice Program Goals
There are three fundamental environmental justice principles:
(1) Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations.
(2) Ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.
(3) Prevent the denial of, reduction in or significant delay in the receipt of benefits by minority and low-income populations.
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State DOT's Environmental Justice Responsibilities
State DOT's are at the heart of planning, design, construction, and operations and maintenance projects across all travel modes. They allocate resources from various Federal-aid programs. State DOTs successfully integrate Title VI of the Civil Rights Act of 1964 and environmental justice into their activities when while developing the technical capability to assess the benefits and adverse effects of transportation activities among different population groups. These technical capabilities are used to develop and support appropriate procedures, goals, and performance measures in all aspects of their mission.
The State DOT's also ensure that State Transportation Improvement Program (STIP) findings of statewide planning compliance and NEPA activities satisfy the letter and intent of Title VI of the Civil Rights Act of 1964 requirements and environmental justice principles.
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General Public Responsibilities
Transportation agencies cannot fully meet community needs without the active participation of well-informed, empowered individuals, community groups, and other non-government organizations such as businesses and academic institutions. These individuals and groups advance the letter, spirit, and intent of Title VI of the Civil Rights Act of 1964 and environmental justice in transportation by:
Participating in public involvement activities (meetings, hearings, advisory groups, and tasks forces) to help responsible state and local agencies understand community needs, perceptions, and goals. Get involved with state and local agencies to link special programs with other Federal, State, and local resources to fund projects that support community goals.
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Contact Information:
U.S. Department of Transportation
Department Office of Civil Rights
External Policy and Program Development (S-33)
400 7th Street, S. W. - Room 5414A
Washington, DC 20590
TTY: (202) 366-4754
Fax: (202) 366-7717
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Environmental Justice Library
United States Codes
Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act, PL 106-40, 42 USC 7412(r)
Amendment to Section 112(r) of the Clean Air Act
Federal Hazardous Materials Regulations, 49 USC 100-185
These regulations govern the handling and transporting of hazardous materials and make public the procedures used in these actions.
National Environmental Policy Act of 1969, 42 USC 4321-4347
This act provides for environmental protection and administrative procedures that should be implemented.
Resource Conservation and Recovery Act of 1976, 42 USC 6901
This act provides for conserving resources and the recovery of scrap materials in construction products.
Toxic Substance Control Act (TSCA), 15 USC 2601
This act governs the use of toxic chemicals. It specifies that each agency must develop data over the chemicals as well as provide an authority oversee its handling and usage.
Public Laws
Clean Air Act of 1990 Amendment, PL 104-260
Amend the Clean Air Act to Provide that Traffic Signal Synchronization Projects Are Exempt From Certain Requirements.
Transportation Equity Act for the 21st Century, PL 105-178
TEA-21 builds on the initiatives established in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), which was the last major authorizing legislation for surface transportation. This new Act combines the continuation and improvement of current programs with new initiatives to meet the challenges of improving safety as traffic continues to increase at record levels, protecting and enhancing communities and the natural environment as we provide transportation, and advancing America's economic growth and competitiveness domestically and internationally through efficient and flexible transportation.
Related Websites
Department of Health and Human Services
Department of the Interior
Environmental Protection Agency (EPA)
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