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The following list includes legislation and guidance which are related to EJ and Title VI. When reviewing the FHWA guidance on EJ and Title VI it is important to note that while the two operate within different legal frameworks (EJ is an Executive Order; whereas, Title VI is a statute with federal program regulations), they are interrelated. When all components of EJ are properly identified and addressed throughout the transportation decision-making process, the risk for Title VI issues to arise will be significantly lowered.
The executive order requires that "each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States…." The executive order also created the Interagency Working Group on Environmental Justice. (February 1994)
This memorandum, which was signed by 17 agencies, "adopts the Charter for Interagency Working Group on Environmental Justice" and states that "each Federal agency will provide a concise report on progress during the previous fiscal year in carrying out the agency's Environmental Justice Strategy and Executive Order 12898." (August 2011)
This guidance memorandum "advises FHWA offices on the process to address EJ during the NEPA review, including documentation requirements." It supplements the FHWA Technical Advisory 6640.8A and guidance on compliance with the principles of EJ. (December 2011)
This legislation requires that "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."
This regulation implements Title VI for all of U.S. DOT. It includes provisions for Recipient assurances and nondiscrimination, complaint and investigations procedures, and procedures for affecting compliance.
This regulation implements Title VI for the FHWA and outlines State U.S. DOT Title VI Program responsibilities as well as FHWA's compliance review procedures.
This memorandum, issued jointly by the FHWA and FTA, provides "clarification…in implementing Title VI of the 1964 Civil Rights Act (42 U.S.C. 2000d-1) and related regulations, The President's Executive Order on Environmental Justice, the U.S. DOT Order, and the FHWA Order."
This manual provides "an overview of the legal principles of Title VI of the Civil Rights Act of 1964..." This document provides "an abstract of the general principles and issues that concern Federal agency enforcement…of Title VI."
The DOJ Guidance was issued for "Federal Financial Assistance recipients regarding Title VI prohibition against origin discrimination affecting those with LEP."
This legislation outlines programs and requirements that address nondiscrimination in the Federal-aid highway program.
This Order describes the process for incorporating EJ principles into all U.S. DOT existing programs, policies, and activities and "sets forth the U.S. DOT policy to consider environmental justice principles in all (U.S. DOT) programs, policies, and activities. It describes how the objectives of environmental justice will be integrated into planning and programming, rulemaking, and policy formulation." (Updated in May 2012)
This updated strategy "reflect(s) U.S. DOT's commitment to EJ principles and to integrating those principles into U.S. DOT programs, policies, and activities."
This statutory provision directed U.S. DOT to "assure that possible adverse economic, social, and environmental effects relating to any proposed project on any Federal-aid system have been fully considered in developing such project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the costs of eliminating or minimizing such adverse effects…"
This FHWA Order "establishes policies and procedures for the FHWA to use in complying with Executive Order 12898."
This law was enacted to ensure that "people whose real property is acquired, or who move as a result of projects receiving Federal funds, will be treated fairly and equitably and will receive assistance in moving from the property they occupy."
This Act "restore(s) the broad scope of coverage and clarifies the application of…Title VI of the Civil Rights Act of 1964" to include all programs and activities of Federal-aid recipients, sub-recipients regardless if they are Federally funded or not.
This September 2, 1992 notice (N 4720.6) provides "guidance to FHWA field officials, State highway agencies, their sub-recipients, and contractors regarding the nondiscrimination requirements of the Civil Rights Restoration Act of 1987."
The August 2000 Executive Order strives to "improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP)". It requires each Federal agency to "examine the services it provides, and develop and implement a system by which LEP persons can meaningfully access those services consistent with, and without unduly burdening, the fundamental mission of the agency."
Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient Persons (LEP) can be found in Federal Register Volume 70, Number 239, December 14, 2005 http://www.gpo.gov/fdsys/pkg/FR-2005-12-14/html/05-23972.htm
The purpose of this November 16, 1999 Order is to "ensure that programs, policies, and procedures administered by the U.S. DOT are responsive to the needs and concerns of Native Americans, Alaska Natives, and Tribes."
