# Presentation: 392830

## Overview of Title VI and Environmental Justice

## Overview of Title VI and Environmental Justice

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

## 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.

## 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))

## 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))

## Environmental Justice

- Executive Order 12898
- 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

**Notes:**
The principles of Analysis are applied in light of these considerations ...
... the EO did not change any legal thresholds or statutory interpretations under NEPA or existing case law (EIS is required when there “significant" impacts).
(Agency consideration of impacts on low-income / minority populations, may lead to the identification of disproportionately high and adverse human health or environmental effects that are significant and that otherwise would be overlooked.)
- Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, sex, color, national origin, or religion.  An agency should consider using Title VI as a means to prevent or eliminate discrimination.
- Under NEPA, identification of a disproportionately high and adverse environmental effect on a low-income / minority population, does not preclude action from going forward, nor does it necessarily compel a conclusion that a proposed action is environmentally unsatisfactory ...
... it should heighten agency attention to alternatives, mitigation strategies, monitoring needs, and preferences expressed by the affected community or population.
- The EO nor CEQ guidance prescribes any specific format for examining environmental justice, such as designating a specific chapter or section in an EIS or EA on environmental justice issues ...... 
.... Agencies should integrate analyses of environmental justice concerns in an appropriate manner so as to be clear, concise, and comprehensible within the general format suggested by 40 C.F.R. § 1502.10.

## Environmental Justice

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

**Notes:**
There are several definitions of Environmental Justice ... Scholars, Grassroots and EJ/community groups,  and government agencies.

Environmental justice is defined as --
No group of people ....
.... including racial, ethnic, or socioeconomic group
.... should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies.

EJ was further defined by the Presidential EO 12898 - February 1994 and established the Federal Governments Responsibility related EJ 

## Environmental Justice

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

**Notes:**
CEQ Guidance -- There is no standard formula for how environmental justice issues should be identified or addressed.  
Six principles provide general guidance - Agencies should 
- Consider the composition of the affected area ... to determine if minority / low-income populations are present and if they will be effected 
... and whether or not the effects are disproportionately high and adverse 
- Consider the potential for multiple or cumulative exposure to impacts in the affected population and historical patterns of exposure to environmental hazards.  (should consider these multiple, or cumulative effects, even if effects are not within the control or subject to the discretion of the agency proposing the action).
- Recognize the interrelated cultural, social, occupational, historical, or economic factors that may amplify the environmental effects of the action ...
.... these factors include: physical sensitivity of the community / population to particular impacts; the effect of any disruption on the community structure; and the nature and degree of impact on the physical and social structure of the community. 
- Develop effective public participation strategies. - linguistic, cultural, institutional, geographic, and other barriers and incorporate - active outreach to affected groups.
- Assure meaningful community representation in the process. Be aware of the diverse constituencies within any community and endeavor to have complete representation of the community as a whole ... 
... early as possible if it is to be meaningful.

## Definition of Low Income

- 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).**
- 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.**

## Definition of Minority

- Black (having origins in any of the black racial groups of Africa);
- Hispanic (of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race)
- Asian American (having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or
- 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:

## Minority Population

- 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

## Definition of Effect

**Adverse effect** - totality of significant individual or cumulative human health or environmental effects
**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.

**Notes:**
Adverse Effects - 
means the totality of significant individual or cumulative human health or environmental effects, including interrelated social and economic effects, which may include, but are not limited to -
- bodily impairment, infirmity, illness or death; 
- air, noise, and water pollution and soil contamination; 
- destruction or disruption of man-made or natural resources; 
- destruction or diminution of aesthetic values; 
- destruction / disruption of community cohesion or a economic vitality; 
- destruction / disruption of public / private facilities and services; 
- vibration; 
- adverse employment effects; 
- displacement of persons, businesses, farms, or nonprofit organizations;
- increased traffic congestion, isolation, exclusion or separation of minority or low-income individuals within a given community or from the broader community; 
- and the denial of, reduction in, or significant delay in the receipt of, benefits of  FHWA programs, policies, or activities.

FHWA Order 6640.23

## DOT Order on Environmental Justice

- Establishes Process for Integration of Environmental Justice and Title VI Procedures in
- Planning
- Environment
- Public Involvement
- Right-of-Way

## Title VI

**Title VI**

**Environmental **
**Justice**

**Low-Income**

**Minority**

**Race**

**Color**

**National**
**  ****Origin**

- Gender

- Religion

- Age

- Disability

## Why Title VI/EJ?

- It makes sense
- It’s the democratic thing to do
- It is required by law and regulation