U.S. Department of Transportation
Federal Highway Administration
6640.23
December 2, 1998
Par.
The following terms, where used in this Order, shall have the following meanings1:
(1) Black (having origins in any of the black racial groups of Africa);
(2) Hispanic (of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian American (having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or
(4) 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).
(1) is predominately borne by a minority population and/or a low-income population; or
(2) will be suffered by the minority population and/or low-income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the nonminority population and/or nonlow- income population.
Should the potential for discrimination be discovered, action to eliminate the potential shall be taken.
Under Title VI, each Federal agency is required to ensure that no person on the grounds of race, color, or national origin, is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. This statute applies to every program area in FHWA. Under EO 12898, each Federal agency must identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.
(1) population served and/or affected by race, or national origin, and income level;
(2) proposed steps to guard against disproportionately high and adverse effects on persons on the basis of race, or national origin; and,
(3) present and proposed membership by race, or national origin, in any planning or advisory body that is part of the program.
(1) identifying and evaluating environmental, public health, and interrelated social and economic effects of FHWA programs, policies, and activities; and
(2) proposing measures to avoid, minimize, and/or mitigate disproportionately high and adverse environmental and public health effects and interrelated social and economic effects, and providing offsetting benefits and opportunities to enhance communities, neighborhoods, and individuals affected by FHWA programs, policies, and activities, where permitted by law and consistent with EO 12898; and
(3) considering alternatives to proposed programs, policies, and activities, where such alternatives would result in avoiding and/or minimizing disproportionately high and adverse human health or environmental impacts, consistent with EO 12898; and
(4) providing public involvement opportunities and considering the results thereof, including providing meaningful access to public information concerning the human health or environmental impacts and soliciting input from affected minority and low-income populations in considering alternatives during the planning and development of alternatives and decisions.
(1) a substantial need for the program, policy or activity exists, based on the overall public interest; and
(2) alternatives that would have less adverse effects on protected populations have either:
(a) adverse social, economic, environmental, or human health impacts that are more severe; or
(b) would involve increased costs of an extraordinary magnitude.
Original signed by:
Kenneth R. Wykle
Federal Highway Administrator
Attachment - Note: This is a PDF file.