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Determinations of benefits and burdens are based on the totality of the circumstances, both the burdens of the proposed action (e.g., short-term construction impacts) and its benefits (e.g., increased transportation options). One of the best ways to assess the totality of the circumstances is...
Yes. EJ requirements apply regardless of the size of the community. There are no situations where EJ considerations do not apply based on population size.
FTA encourages the use of a locally developed threshold, such as that used for FTA’s grant program, or a percentage of median income for the area, provided that the threshold is at least as inclusive as the U.S. Department of Health and Human Services (HHS) poverty guidelines. Public Law 112-141...
The EJ community definitions apply to the residential population, as well as to workers (including seasonal workers), students, patients, and other individuals who are part of the community that would be affected by a given plan, program, policy, or project.
The Circular does not eliminate the use of “thresholds” for determining the presence of an EJ population. The Circular cautions grantees not to be too reliant on thresholds to serve as a “bright line” for identifying impacted populations. A very small minority or low-income population (...
Yes. This is precisely the distinction that FTA makes in the Circular. While the minority or low-income population in an area may be small, this does not eliminate the possibility of a disproportionately high and adverse effect of a proposed action on the EJ population. Disproportionately high...
No. Environmental justice stems from an executive order from the President of the United States to Federal agencies and is intended to improve the internal management of the Federal government; therefore, it does not create legal rights enforceable by a party against the United States.
FTA suggests a variety of options for integrating EJ considerations into existing programs, planning and project development processes, including:
Ensuring that the level and quality of public transportation service is provided in a non-discriminatory manner: for example, when considering...FTA and FHWA’s shared planning regulation, found at 23 CFR 450 outlines federal expectations for statewide and metropolitan planning agencies in effectively engaging the public, including low-income and minority communities. Planning agencies are required to evaluate the effectiveness of these...
At the planning level, activities should be supplemented by data collection through both national services (e.g., Census Bureau, American Community Survey) and locally developed and administered data collection (e.g., finance department data, community impact assessments, customer surveys)....