[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Notices]
[Pages 33896-33899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15665]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[OST Docket 50125]
Department of Transportation Final Environmental Justice Strategy
AGENCIES: Office of the Secretary: Departmental Office of Civil Rights
and Office of Assistant Secretary for Transportation Policy; DOT.
ACTION: Notice of final environmental justice strategy.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation is issuing its final
environmental justice strategy, which contains the Department's
commitment to certain principles of environmental justice embodied in
the Secretary's Strategic Plan, and identifies actions the Department
intends to take to implement Executive Order 12898. 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.
The strategy is issued in response to Executive Order 12898, signed
by President Clinton on February 11, 1994. The Order directs each
Federal agency to develop a strategy to address
[[Page 33897]]
environmental justice concerns in its programs, policies and
regulations. The thrust of the Executive Order is to avoid
disproportionately high and adverse impacts on minority and low-income
populations with respect to human health and the environment.
Published elsewhere in this edition of the Federal Register is a
proposed Order on environmental justice providing guidance to be
followed by the Department of Transportation and its operating
administrations to implement executive Order 12898.
FOR FURTHER INFORMATION CONTACT: Ira Laster, Jr., Office of
Environment, Energy, and Safety, Office of the Assistant Secretary for
Transportation Policy, telephone (202) 366-4859, or Alyce Boyd-Stewart,
Departmental Office of Civil Rights, telephone (202) 366-9366, U.S.
Department of Transportation, 400 7th Street SW, Washington, D.C.
20590.
Dated: June 21, 1995.
Antonio J. Califa,
Director, Departmental Office of Civil Rights.
Joseph Canny,
Deputy Assistant Secretary for Transportation Policy.
Department of Transportation
Environmental Justice Strategy
Introduction
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.
The strategy contains the Department's commitment to certain
principles of environmental justice embodied in the Secretary's
Strategic Plan, and identifies actions the Department intends to take
to implement Executive Order 12898. 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 actions.
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 the Civil 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.
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:
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.
Harmonize transportation policies and investments with
environmental concerns, reflecting an appropriate consideration of
economic and social interests.
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.O. 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
administrations,* 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.
*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.
---------------------------------------------------------------------------
a. National Conference on Transportation, Social Equity, 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.
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.
c. Federal Register Notice
DOT published its proposed strategy in the Federal Register on
February 21, 1995, with a request for comment. In addition, the
Department mailed approximately 3,000 copies of the document to
Departmental constituent groups and representatives of the
environmental justice community. Based on comments received, DOT
modified its strategy and streamlined its description in this document.
Elements of the DOT Strategy
1. Public Outreach on Implementation of the Environmental Justice
Strategy
DOT plans, and will review with environmental justice stakeholders,
its plans for the following activities: (1)
[[Page 33898]]
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.
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 will 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.
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
(NEPA), 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 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 was distributed for public review in draft
form on May 11, 1995, at an environmental justice conference in
Atlanta, Georgia.)
3. DOT Training on Environmental Justice
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.
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
management of departmental facilities and resources. The audience for
these training courses includes DOT employees and recipients of DOT
funding.
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
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 takes 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 properly involved
in achieving the strategy's objectives and in maintaining liaison with
non-DOT departments and agencies as well as the environmental justice
community.
The Department will review and update, as appropriate, its
Procedures for Considering Environmental Impacts, DOT Order 610.1C, to
ensure that it is consistent with Executive Order 12898 and DOT's
proposed order on environmental justice. Attachment 2 to Order 5610.1C
sets forth 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
[[Page 33899]]
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. The 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 general 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.O. 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.
[FR Doc. 95-15665 Filed 6-28-95; 8:45 am]
BILLING CODE 4910-62-P