Authorities
Title VI of the 1964 Civil Rights Act
provides that no person in the United States shall, on the grounds
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 (implementation through 23 CFR 200.9 and 49 CFR 21).
Section 162(a) of the Federal-Aid Highway Act of 1973
(Section 324, Title 23 U.S.C.) added the requirement that there be
no discrimination
on the grounds of sex or gender.
Section 504 of the Rehabilitation Act of 1973
provides nondiscrimination on the basis of disability under Federal
grants and programs.
The Age Discrimination Act of 1975
(Section 6101-6107, Title 42 U.S.C.) prohibits discrimination in
Federally Assisted
Programs.
The Civil Rights Restoration Act of 1987
amended Title VI of the 1964 Civil Rights Act to make it clear that
discrimination is
prohibited throughout an entire agency if any part of the agency
receives Federal
assistance.
Executive Order 12898
(issued February 11, 1994) addresses Environmental Justice regarding
minority and
low-income populations.
Executive Order 13166
(issued August 16, 2000) improves access to services for persons
with limited English
proficiency.
Definitions
[As used in Title 23 of the Code of Federal Regulations, Highways,
Part 200.5]
“Adverse Effects”
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: mental or physical 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 or aesthetic values;
destruction or
disruption of community cohesion or a community’s economic vitality;
destruction or
disruption of the availability of public and private facilities and
services; noise and/or
vibration; adverse employment effects; displacement of persons, businesses,
farms or
nonprofit organizations; increased traffic congestion, isolation,
exclusion or separation
of racial or ethnic minority or low-income individuals within a given
community or
from the broader community; and the denial of, reduction or significant
delay in the
receipt of, benefits of USDOT programs, policies or activities. Definition
adopted and
adapted from the USDOT Order to Address Environmental Justice in
Minority Populations
and Low-Income Populations dated February 3, 1997.
“Affirmative Action”
a good faith effort to eliminate past and present discrimination
in all federally
assisted programs, and to ensure future nondiscriminatory practices.
“Beneficiary”
any person or group of persons (other than States) entitled to receive
benefits
directly or indirectly, from any federally assisted program, i.e.,
relocates, impacted
citizens, communities, etc.
“Benefits”
for a specific project, corridor or sub-area, benefits should include
all of the benefits
listed in the purpose and need statement. For a metropolitan transportation
system,
benefits should refer to how the Long Range Transportation Plan and
the Transportation
Improvement Program promote the safety, mobility, economic productivity,
human
environment, natural environment and other goals identified and adopted
in State
and local plans for all populations served by the transportation
agency.
“Burdens”
refer to disproportionately high and adverse effects.
“Citizen Participation”
an open process in which the rights of the community to be informed,
to provide
comments to the government and to receive a response from the Government
are
met through a full opportunity to be involved and to express needs
and goals. 102 definitions
“Compliance”
a satisfactory condition existing when a recipient has effectively
implemented all of
the Title VI requirements or can demonstrate that every good faith
effort toward
achieving this end has been made.
“Customer”
a member of the public who is eligible to benefit from the program’s
service or activity.
“Deficiency Status”
the interim period during which the recipient state has been notified
of deficiencies,
has not voluntarily complied with Title VI.
“Disproportionately High and Adverse Effect”
an adverse effect that: (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 appreciable more sever or greater in
magnitude than
the adverse effect that will be suffered by the non-minority population
and/or nonlow-
income population. Definition from the USDOT Order to Address Environmental
Justice in Minority Populations and Low-Income Populations dated
February 3, 1997.
“Discrimination”
that act or action whether intentional or unintentional, through
which a person in
the United States, solely because of race, color, religion, sex,
disability, age or national
origin has been otherwise subjected to unequal treatment under any
program or
activity receiving financial assistance from the Federal Highway
Administration under
title 23 U.S.C.
“Distribution”
of benefits and burdens: The distribution of benefits and burdens
refers to distribution
across all populations served by the transportation agency (for MPOs,
transit providers,
local transportation departments) or within a recognized, defined
boundary such as
a State DOT District, metropolitan area or rural county (for State
DTs). Populations
served may include external populations (i.e. a minority population
that lives outside
but works within the area or visitors to an area with a unique resource,
landmark or
historic site).
“District”
a Department of Transportation office serving a specific geographical
area of California.
“Eligible Population”
in general, the public eligible to benefit from the Department’s
programs, activities
and services. Project specific is defined by the geographical scope
of the project.
“Facility”
includes all, or any part of, structures, equipment or other real
or personal property,
or interests therein, and the provision of facilities includes the
construction.
“Federal Assistance”
includes: Grants and loans of Federal funds; the grant or donation
of Federal property
and interests in property, the detail of Federal personnel, the sale
and lease of, and
the permission to use (on other than a casual or transient basis),
Federal property or
any interest in such property without consideration or at a nominal
consideration, or
at a consideration which is reduced for the purpose of assisting
the recipient, or in
recognition of the public interest to be served by such sale or lease
to the recipient
and Federal agreement, arrangement, or other contract which has,
as one of its purposes,
the provision of assistance.
“Low-Income”
a household income at or below the Department of Health and Human
Services poverty
guidelines. Definition from the USDOT Order to Address Environmental
Justice in Minority
Populations and Low-Income Populations dated February 3, 1997.
“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
USDOT program, policy or activity. Definition from the USDOT Order
to Address
Environmental Justice in Minority Populations and Low-Income Populations
dated
February 3, 1997.
“Minority”
a person who is (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 Ease, Southeast Asia, the Indian
subcontinent or
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). Definition from the
USDOT Order to
Address Environmental Justice in Minority Populations and Low-Income
Populations
dated February 3, 1997.
“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 USDOT program,
policy or activity. Definition from the USDOT Order to Address Environmental
Justice
in Minority Populations and Low-Income Populations dated February
3, 1997.
“Noncompliance”
a recipient has failed to meet prescribed requirements and has shown
an apparent
lack of good faith effort implementing all of the Title VI requirements.
“Persons”
where designation of persons by race, color, or national origin is
required, the following
designations ordinarily may be used: “White not of Hispanic origin”,
“Black not of
Hispanic origin”, “Hispanic”, “Asian or Pacific Islander”, “American
Indian or Alaskan
Native.” Additional subcategories based on national origin or primary
language spoken
may be used where appropriate, on either a national or a regional
basis.
“Program”
includes any highway, project or activity for the provision of services,
financial aid, or
other benefits to individuals. This includes education or training,
work opportunities,
health, welfare, rehabilitation, housing, or other services, whether
provided directly
by the recipient of Federal financial assistance or provided by others
through contracts
or other arrangements with the recipients.
“Program Area Officials”
are the officials in FHWA who are responsible for carrying out technical
program
responsibilities.
“Public Involvement”
the effort or mechanisms to engage the eligible population of a program’s
process or
activity including and specifically targeting low-income and minority
populations.
“Recipient”
means any State, territory, possession, the District of Columbia,
Puerto Rico, or any
political subdivision or instrumentality thereof, or any public or
private agency,
institution, or organization, or other entity, or any individual,
in any State, territory,
possession, the District of Columbia, or Puerto Rico, to whom Federal
assistance is
extended, either directly or through another recipient (subrecipient),
for any program.
Recipient includes any successor, assignee, or transferee thereof.
“Significant”
having meaning; having or likely to have influence; of a noticeable
or measurably
large amount.
“State Highway Agency”
that department, commission, board or official of any State charged
by its laws with
the responsibility for highway construction. The term State would
be considered
equivalent to State highway agency if the context so implies. 105
definitions
“Secretary”
the secretary of Transportation as set forth in 49 CFR 21.17(g)(3)
or the Federal highway
Administrator to whom the Secretary has delegated authority in specific
cases.
“Title VI Program”
the system of requirements developed to implement Title VI of the
Civil Rights Act of
1964. References in this part to Title VI requirements and regulations
shall not be limited
to only Title VI of the Civil Rights Act of 1964. Where appropriate,
this term also refers
to the civil rights provisions of other Federal related statutes
to the extent that they
prohibit discrimination on the grounds of race, color, national origin,
sex, disability
or age in programs receiving Federal financial assistance.
Glossary of terms
Civil Rights Specialist
is a person who works in Civil Rights and is knowledgeable in their
discipline. This
person can also be the Title VI Program Liaison.
District Title VI Liaison
is a person designated by their district to work on Title VI matters
and is knowledgeable
in their discipline.
Equally
describes the function of a transportation system in servicing the
transportation
and/or mobility needs of “all persons,” without discrimination (i.e.,
disproportionately
benefiting or harming one group over another - a violation of Title
VI of the Civil
Rights Act of 1964).
Equitably
describes the function of a transportation system in serving the
transportation and/or
mobility needs of “all persons.”
Program Area Administrator
is a person designated by their program to work on Title VI matters,
is knowledgeable
in their respective discipline, and is a liaison between the Title
VI Program and the districts.
Program Specialist
is a person who works in one of the emphasis programs or key
personnel and is
knowledgeable in that discipline
.
Title VI Program Liaison
is a person who works in the Title VI Program and supports the Title VI Coordinator
in the Title VI endeavor.
preventing discrimination in the federal aid program
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