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Overview of Title VI and Environmental Justice. n Title VI Legislation and Regulations n Current Transportation Laws n Environmental Justice Executive.

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Presentation on theme: "Overview of Title VI and Environmental Justice. n Title VI Legislation and Regulations n Current Transportation Laws n Environmental Justice Executive."— Presentation transcript:

1 Overview of Title VI and Environmental Justice

2 n Title VI Legislation and Regulations n Current Transportation Laws n Environmental Justice Executive Order 12898, USDOT Order and FHWA Order

3 Title VI Legislation No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

4 DOT Title VI Regulations A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program…may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color or national origin…(49 CFR 21.5(b) (2)) A recipient, in determining the types of services, financial aid, or other benefits, or facilities which will be provided under any such program…may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color or national origin…(49 CFR 21.5(b) (2))

5 DOT Title VI Regulations In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies on the grounds of race, color, or national origin… (49 CFR 21.5(b)(3)) In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies on the grounds of race, color, or national origin… (49 CFR 21.5(b)(3))

6 Environmental Justice n Executive Order –No change in the legal thresholds and statutory interpretations for DOT –Consistent with Title VI of the Civil Rights Act –Disproportionate impacts - does not mean the programs and projects cannot move forward –No specific format for analysis –Integrate analysis in appropriate manner

7 Environmental Justice n Distribution and effects of environmental problems and the policies and processes to reduce differences in who bears environmental risks. n Concern for the disproportionate risk burden placed upon any population group as defined by gender, age income, and/or race. n The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect environmental laws, regulations, and policies.

8 Environmental Justice n Principles –Consider n the composition of the affected area n the potential for multiple or cumulative exposure n the interrelated cultural, social, occupational, historical, and economic factors –Develop effective public participation –Assure meaningful community representation

9 Definition of Low Income n Low-Income A household income at or below the Department of Health and Human Services poverty guidelines of $16, 450 for a family of four (1998).A household income at or below the Department of Health and Human Services poverty guidelines of $16, 450 for a family of four (1998). n Low-Income Population Any readily Identifiable group of low-income persons who live in geographic proximity, and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who would be similarly affected by a proposed FHWA program, policy, or activity.Any readily Identifiable group of low-income persons who live in geographic proximity, and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who would be similarly affected by a proposed FHWA program, policy, or activity.

10 Definition of Minority n Black (having origins in any of the black racial groups of Africa); n Hispanic (of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race) n Asian American (having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or n American Indian and Alaskan Native (having origins in any of the original people of North America and who maintains cultural identification through tribal affiliation or community recognition). Minority means a person who is:

11 Minority Population n Any readily identifiable groups of minority persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who will be similarly affected by a proposed FHWA program, policy, or activity

12 Definition of Effect n Adverse effect - t otality of significant individual or cumulative human health or environmental effects n Disproportionately high - an effect that: 1) is predominately borne by a minority and/or low- income population; or 2) will be suffered by the minority and/or low- income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non minority and/or non low-income population.

13 DOT Order on Environmental Justice n Establishes Process for Integration of Environmental Justice and Title VI Procedures in –Planning –Environment –Public Involvement –Right-of-Way

14 Title VI Environmental Justice Low-Income Minority Race Color National Origin Gender Religion Age Disability

15 Why Title VI/EJ? n It makes sense n It’s the democratic thing to do n It is required by law and regulation


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