129.1 Environmental Justice, ADA, LEP and Title VI

Early in project development, the Project Manager (PM) shall assess whether the methods of public involvement chosen for a particular project is reasonable for the project, whether it adequately reaches the proper constituents, whether there are environmental justice (EJ) or limited English proficiency (LEP) concerns, and whether the methods would adequately provide the needed information and afford the opportunity for the public to provide feedback. Minority and disadvantaged populations are defined by Title VI and the EJ Executive Order 12898 while low-income populations are defined by the census category. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, signed by the President on February 11, 1994 directs Federal agencies to take the appropriate and necessary steps to identify and address disproportionately high and adverse effects of Federal projects on the health or environment of minority and low-income populations to the greatest extent practicable and permitted by law. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. If there are questions concerning the participation of minority and disadvantaged populations, contact the Environmental Specialist who is the resource for socioeconomic issues in the Design Division. For CE2, EA or EIS classification level projects, the Request for Environmental Services (RES) can provide a resource for the PM to help identify EJ, LEP and Title VI populations in the project area. Discussion on community impact assessment can also be found in EPG 127.3. The first step is to identify populations of people interested in the project and impacted by the project, then determine which outreach methods would be most effective. The PM should work with the Area Engineer and use existing information such as from the Conceptual Study Report (CSR), if developed, to help identify the area impacted by the project.

The process for identifying interested people/populations impacted by the project should be documented in the PIP and housed in MoProjects. The PIP is developed by the PM or district staff, or the project consultant, if tasked with public involvement for the project, and approved by MoDOT staff. It may become necessary to revise the PIP as the project evolves, conditions change, oppositional groups emerge, or new issues arise. It is prudent to complete a limited English Proficiency (LEP) analysis, similar to the Community Impact Assessment process outlined in EPG 127.3.1.3, and review it for protected populations early in the planning phase, when the PIP is developed, to identify stakeholders, affected public, and whether targeted outreach to underserved populations are needed. Then appropriate outreach efforts can be planned for these populations and budgeted appropriately.

Effectively reaching underserved populations may require significant staff time and resources, and special efforts or innovative methods may need to be used to ensure the inclusion of affected community members. This is especially important for underrepresented groups, such as minority and low-income groups, and in communities where a significant percentage of the affected population does not speak or understand English. Consider the need for translators, interpreters, and written materials in languages other than English. Reference information on LEP is provided in Executive Order (E.O) 12898. Innovative methods to involve minority and economically disadvantaged sectors of the community, as well as other groups such as senior citizens, disabled persons, economic developers, MPOs/RPCs, and historical and environmental groups, should also be explored. Such methods could include house-to-house contacts; providing bulletins at kiosks; meeting with community groups, church organizations, community minority liaisons, local grocery stores, and libraries; placing notices in newspaper and using other media outlets which cater to these groups. Accommodations should also be made for non-English speaking community members or those with language barriers.

The meeting location selected shall be in compliance with the Americans with Disabilities Act (ADA). Special attention should be paid to whether there is access to public transportation, and whether there is a safe and reasonable walking distance to the meeting without obstacles such as crossing active railroad tracks or busy highways.

These efforts shall be documented for inclusion in environmental documents such as the Request for Environmental Services (RES), CE2, EA, EIS, or in project files in MoProjects, and for department wide Title VI and EJ compliance.