US Department Of                     Assistant Secretary   !•     400 Seventh St.'. -S.W.
Transportation    .                             •         Washington,.DC 2059C
Office of The Secretary         •         '         -  -    '},-.            ,
of Transportation    '    •      ..•.',-    .        i       ;'   .:
 June 6,  1995
 Dear Sir/Madam:                              |.     '
                       -.''-.       :'       "• 'i  ;" '•.•'-
 Since passage of the Civil Rights Act  of  1964,  the National
 Environmental Policy Act  (NEPA) of  1969,  and other
 environmental and civil rights  statutes,  the Department of
 Transportation  (DOT) has  developed  a framework of policies
 and procedures to help meet  its environmental
 responsibilities while accomplishing its  transportation
 mission.                                     i
                                              i  '
 The term "environment," as used in  this framework, includes
 the natural and built, environments,  and .also ; the cultural
 and social fabric of our'neighborhoods and the quality of   •
 life of the people who live  and work in them,.  Enduring
 community values and thriving neighborhoods 6an only be
 sustained where the unavoidable adverse consequences of,
 transportation projects are  equitably distributed and where
 all citizens have access  to  safe,  comfortable and efficient
 transportation.                              !

 Recognizing that the environmental  and human;health impacts
 of Federal programs and activities  may raise questions of
 fairness to affected groups, 'President Clinton issued
 Executive Order 12898 on  Environmental Justice on
 February 11, 1994.  It  focuses  attention on the environ-
 mental  and human health  impacts of Federal activities in
 minority communities  and  low-income communities, and calls
 on agencies to make achieving environmental justice part of
 their mission.  In  response to the Executive Order, DOT has
 prepared a final strategy (copy enclosed) for incorporating
 environmental  justice principles into its operations.

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The Department is committed to working with environmental
justice stakeholders, state and local officials,  and other
appropriate individuals.and organizations in carrying out
Executive Order 12898.

Sincerely,                                        /
Frank E. Kruesi
Assistant Secretary
  for Transportation Policy

Enclosure

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              DEPARTMENT OF TRANSPORTATION
             ENVIRONMENTAL JUSTICE STRATEGY
 INTRODUCTION:                                 •  -   . J

 This strategy is issued'in response to Executive Order 12898, signed by President
 Clinton on February 11,, 1994, on "Federal Actions to Address Environmental
 Justice in Minority Populations and Low-Income Populations." This strategy sets
 forth the Department of Transportation's (DOT) approach to implementing E.O.
 12898 in all relevant programs and activities sponsored, supported and
 undertaken by the Department. The Executive Order requires each Federal
 agency to develop a specific agency-wide strategy-for implementing its
. provisions. The thrust,of the Executive Order is to identify and address, as
 appropriate, disproportionately high and adverse human health or     ' •
 environmental effects of each agency's programs, policies, and activities on  "
 minority populations and low-income populations.          -j.-.  •-:  .
  *                     •                               !
 The strategy contains the Department's commitment to certain principles ,of ; -
 environmental justice embodied in-the-Secretary's Strategic Planrand identifies'*
 actions the Department intends to take to implement Executive Order 1-2898. '
 The strategy is published as a final document; however, it should be viewed as a '
 living document that may be adjusted periodically in response to insights
' acquired while implementing its various provisions.  DOT plans:further opportunity
''for public comments on its strategy and implementing action:;.

 DOT is committed to embracing the objectives of Executive Order 12898 by
 promoting enforcement of all applicable planning and environmental
 regulations and legislation, and by promoting non-discrimination in its programs,
 policies and activities that affect human health and the environment, consistent
 with Executive Order 12898, and Title VI.of thaCivil Rights Act of 1964. DOT is also
 committed to bringing government decisionmaking closer to the communities
 and people affected by these decisions and ensuring opportunities for greater
 public participation in decisions relating to human health and the environment. .
                                                      V;
 Many of the objectives of the E.O. are embodied in the missions, goals, and
 objectives of the Secretary's Strategic Plan and are briefly summarized as
 follows:                  . •-    .                       j      '  •   ,
                                                      i             '
 •   Improve the environment and public health and safety in the transportation
    of people and goods, and the development and maintenance of
   /transportation systems and services.         ,       ,    |  .    . •      "'
                                                      f
 •   Harmonize transportation policies and investments with environmental
    concerns, reflecting an appropriate consideration, of economic and  social
    interests.               -     •       -  .   '

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•  Consider the interests, issues, and contributions of affected communities,
   disclose appropriate information, and give communities an opportunity to be
   involved in decisionmaking.                     •

The Department will implement the E.G. by integrating its provisions into existing
DOT programs, policies, activities, regulations, and guidance to the greatest
extent possible. ,                             .

Development of the DOT Strategy

 1. Secretary's Directive

    Upon receipt of the Executive Order and the accompanying Presidential
    Memorandum, Secretary Pena established a Department-wide working
    group and directed the development of a Department-wide strategy.

    During senior level staff meetings in December 1994 and March 1995,
    Secretary Pena emphasized his commitment to  comply with Executive Order
    12898 and instructed senior level staff to support the executive order and
'    encouraged them to incorporate the principles of environmental justice in
    program planning, budgeting, program development, program activities,
    and program "evaluation, as appropriate.

    In a recent memorandum to Secretarial offices  and operating adminis-
    trations,* Secretary Pena stated his strong personal endorsement of their
    efforts to carry out the responsibilities set out in the Department's
    Environmental Justice Strategy in an effective and timely manner.

    a. National Conference on Transportation. Social Eauitv. and
       Environmental Justice in Chicago.                   ,

       This conference, cosponsored by the Federal Transit Administration and
       the Surface Transportation Policy Project, brought together approximately
       150 persons, mostly community activists from around the country, with  -
       DOT and other public officials. The meeting, held on November 17-18,
       1994, in Chicago identified key transportation-related environmental and
       social issues of concern to persons'living in predominately low-income
       and minority communities. Suggestions for actions to redress these
       concerns were also sought.
     *Operating administrations, a.k.a. modal administrations, include: The United States Coast
     Guard, the Federal Aviation Administration, the Federal Highway Administration,  the
     Federal Railroad Administration, the National Highway Traffic Safety Administration, the
     Federal Transit Administration, the St.> Lawrence Seaway Development Corporation, the
     Maritime Administration and Research and Special Programs Administration.

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    b. Inter-departmental Public Meeting in Atlanta        \     '   -'

      On January 20, 1995, DOT participated, along with other Federal
      departments/agencies, in a public meeting in Atlanta to solicit comments
      on environmental justice issues* as they relate to Federal Government
      programs. A portion of the meeting-was televised nationwide by satellite
      to designated downlink sites.,               "       'j.

    c. Federal Register Notice                          !  •
       -—	.	       - -.	  •              .      ,    [/ - -    .•--;.-

      DOT published iits proposed strategy in the Federal Register Q\\
     ' February21,-1995/with a request for comment.  In addition, the'
      Department mailed approximately 3,000 copies ot the document to
      Departmental constituent groups and representatives of the .,
      environmental justice community. Based oncomments received, DOT'
      modified its strategy and streamlined its description in this document.
      '                 •           '        i           i
Elements of the DOT Strategy
                                                     '!''"'"'
!• Public Outreach on Implementation of the Environmental Justify
   Strategy           -   . ',                          ;

   DOT plans, and will review with environmental justice stakeholders,-its plans
   for the following-activities:  (1) grass roots meetings to better understand
   community-based environmental justice concerns and to provide training on
   the transportation decisionmaking processes; (2) a secretarial  level meeting
 - of experts, traditional DOT stakeholders and environmental justice  '.
   representatives to recommend,specific policies and actions to implement
. - Executive Order 12898 and the Department's Environmental Justice Strategy;
   and (3) regional workshops for state and local'officials on implementing the
   Strategy.                ,                         ' ;  •-;-.•,.-
                                                     i
                                                     !     " '  :
2. DOT Order on Environmental Justice    '            !          ".'•'•-'

   A key component of the DOT Environmental Justice Strategy is a proposed  ,
   DOT Order providing guidance to be followed by the Department and its
   operating administrations to implement Executive Order 12898. The DOT
   Order will apply to all appropriate DOT regulations, policies, guidance, and
   program activities as well as to any program, project, or activity undertaken
   by DOT or that receives financial assistance or permits from DOT, which  may
   have environmental justice'implications. The proposed DOT Order would
   ensure that all appropriate components of the Department wili apply this
   strategy to appropriate aspects of their programs, policies,; and activities in a
   way that integrates environmental justice considerations into existing agency
   operations rather than creating a separate set of requirements.

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While the precise contents of the proposed DOT Order have not yet been
fully developed, the Department anticipates that the Order will achieve
several objectives.  First, under the proposed Order, the Office of the
Secretary and operating administrations of DOT would review their
regulations, programs, policies, guidance, and procedures that affect..
human health or the environment to identify those that should be revised
and revise them, as appropriate, to comply with Executive Order 12898. This
review will include,  but-not be limited to, regulations, programs, policies,
guidance, and procedures related to short and long-range planning and
programming, the National Environmental Policy Act (KEPA), pollution
prevention worker safety, environmental compliance, hazardous materials
transportation, research, data collection, training, public participation, and
relocation.

Second  the proposed DOT Order would set forth guidance to be used by
DOT, its operating administrations, the recipients of DOT financial assistance,
and state and local officials to determine'whether a DOT or a DOT-funded
program, policy, project, or activity (DOT action) is likely to have a
disproportionately  high and adverse human health or environmental effects
on low-income or minority populations. As part of this process, DOT, its
operating administrations, and recipients of Federal financial assistance will
provide appropriate and meaningful opportunities for comment by        .
representatives of  affected communities.                    .

Third under the proposed DOT Order, DOT would develop potential
 strategies and measures to address, as appropriate, disproportionately high
 and adverse effects of their actions and those of recipients of DOT funds,
 consistent with requirements of other statutes and procedures. These
 measures may include pollution prevention, and health and safety measures,
 as well as mitigation and compensatory measures. -This process would
 include  procedures to provide meaningful opportunities for public
 involvement by low-income and minority populations, including community
 input in identifying potential mitigation measures for DOT actions.

 The proposed DOT Order also would provide for data collection or.research
 as needed to provide information to comply with Executive Order 12898.
 Public input-will be solicited regarding these activities.

 The DOT Order will provide guidance on how to achieve compliance with
 Executive Order 12898 under existing  environmental  and civil rights laws in
 cases where disproportionate impacts have been identified.  The DOT Order
 will be ready for public review in draft form on May 5,1995.

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 3. DOT Training on Environmental Justice            . j
                                              .       ,!'•''•'     "   '
   In order to ensure that DOT managers are fully aware of their responsibilities
   under Executive Order 12898 and pre-existing statutory mandates, DOT will
   hold information seminars on environmental justice for selected program'
   managers throughout the Department. Representatives of the     •-""..'
   environmental justice community will be consulted in the planning of these
   seminars.                           \ '            j
    •  '                        •    •   ,         •     . r   .  .
   In addition, in keeping with the Department's philosophy of integrating
   environmental justice considerations into all appropriate departmental
   programs and activities, DOT operating administrations will review and
   modify existing training courses to ensure adequate coverage of
   environmental justice principles and to use training examples that include
   environmental justice aspects. These courses include such subjects as
   compliance with environmental mandates, infrastructure planning and
   development, public involvement, and_mana.gement of departmental
 <  facilities and resources. The audience for these training courses includes DOT
   employees and recipients of DOT funding.  '           i   •      .
                                                     I
Role of Key DOT Elements in Complying with Environmental •-
Justice Executive Order

Each element of the Department will undertake specific actions needed to
implement  the DOT Order on  environmental justice. The actions undertaken ..
will be developed and refined as the Department's strategy evolves. The -
following organizations will have key roles to play in the implementation process:

   a.  Assistant Secretary for Transportation Policy         I
      i         '          •  '       .. •'        •    .    j-.
      The Office of the Assistant Secretary for Transportation Policy maintains'  •
      liaison with various elements of the Department  in an effort to ensure that
      each appropriate element examines its programs and activities and
      fakes appropriate actions to comply with Executive Order 12898.  This
      office is also responsible for monitoring  implementation of the DOT ,
      environmental justice strategy to help keep the strategy relevant and
  , '   foster consistency and comprehensiveness in complying with the
  -,   principles embodied in the Executive Order. In addition, the office will   -
      work to keep high-level Departmental officials properly1 involved in
      achieving the strategy's objectives and in maintaining liaison with non-
      DOT departments and agencies as well as the environmental'justice'
      community.                                 '    j
    "             .'            •                • .,-     i       •'•.'•
      The Department will review and update, as appropriate., its Procedures for
      Considering Environmental Impacts, DOT Order 5610.1C, to ensure that it
      is consistent with Executive Order 12898 and DOT's proposed order on
      environmental justice. Attachment 2 to Order 5610.1 C sets forth

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   guidance on the format and content of environmental review documents
   and compliance with the National Environmental Policy Act and other •
   environmental statutes, regulations, and executive orders; such as Section
   4(f) of the DOT Act (49 U.S.C.- 303), This attachment will be updated to
   reflect the requirements of Executive Order 12898 and to outline the, need
   to address potential disproportionately high and adverse health, or
   environmental impacts on  affected populations and communities. DOT
   operating administrations also will review and update their own
   environmental guidance.         • • •   •      ,

b. Departmental Office of  Civil Rights

   Executive Order 12898 and the accompanying Presidential Memorandum
   underscore certain provisions of existing laws that can be used to  ensure
   that all persons live in a safe and healthy environment.  The Memorandum
   focuses on Title VI of the Civil Rights Act, which provides that programs,
   and activities of recipients of Federal financial'assistance may not
   discriminate based on race, color, or national origin. Jhe proposed DOT
   Order described above will provide the operating administrations with a
   framework to ensure that their policies, programs, and procedures
   comply with the.intent of the Executive Order, including meeting the
   requirements of Title VI.                      •           '...-'.'

  ' In addition, the Departmental Office of Civil Rights will provide leadership
   and technical assistance to the operating administrations and to  major
   recipients of DOT funds in the  administration of their Title VI responsibilities
   which relate to environmental-justice. This may take the form of
   guidelines,  memoranda of generaf applicability, and training designed to
   achieve environmental justice for members of minority populations.

 c. Operating Administrations

   DOT and its operating administrations will review the allocation of   .
   education and research funds to historically black colleges and
 •  universities and other minority institutions and minority students and faculty
   in light of E.0.12898.  In addition, DOT will review its research programs to
   determine whether and how minority and low-income populations may  ,
   be more appropriately included in the scope of particular research
    projects. Improved outreach to  affected populations will be developed.

    Each operating administration will implement the DOT strategy, including
    public outreach, the DOT Order  on environmental justice, and training.
    Each operating administration will continue to cooperate in these matters
    with the Departmental Office of Civil Rights and the Assistant Secretary for
    Transportation Policy.                              ,

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