Environmental Justice & Title VI
Nondiscrimination in Transportation Planning
Environmental Justice Index
NCTCOG Title VI Program
2022 Update —Effective through May 31, 2025
Approved by the Regional Transportation Council on May 12, 2022
Approved by the NCTCOG Executive Board on May 26, 2022
Nondiscrimination: Title VI of the 1964 Civil Rights Act and related statutes provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, disability, or religion be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving federal financial assistance.
The Civil Rights Restoration Act of 1987 clarified the intent of Title VI by expanding the definition of the term “programs or activities” to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not.
Environmental Justice: Executive Order 12898 requires agencies receiving federal funding to meaningfully address low-income and minority populations in their plans, programs, policies, and activities. Agencies must identify and mitigate any disproportionately high and adverse effects of federal programs.
NCTCOG Nondiscrimination Efforts
Metropolitan Transportation Plan
The policy, program, and project recommendations contained in Mobility 2045 Update are intended to improve mobility, access, and air quality, as well as to enhance the quality of life throughout the communities in the region. To this end, an Environmental Justice and Title VI Analysis is required to ensure that no person is excluded from participation in, denied benefits of, or discriminated against in planning efforts, including the development of the Metropolitan Transportation Plan.
Social Considerations Chapter
Regional Tolling Analysis (January 2014)
Transportation Improvement Programs
Within metropolitan areas across the country, regional transportation projects are tracked through Transportation Improvement Programs (TIPs). This document is a staged, multiyear program of projects approved for funding by federal, state, and local sources within the Dallas-Fort Worth area. Every two to three years, NCTCOG, in cooperation with the Texas Department of Transportation, local governments, and transportation agencies, develops a new TIP. Nondiscrimination principles are applied during project selection for the TIP.
Congestion Management Process
The Congestion Management Process (CMP) provides for the effective management of new and existing transportation facilities through development and implementation of operational and travel demand management strategies, and by providing information to decision makers on system performance and the effectiveness of implemented strategies. The location of environmental justice populations is considered in the evaluation of several congestion management strategies and is often included as a criterion for project eligibility and selection.
Unified Planning Work Program
The Unified Planning Work Program (UPWP) is developed biennially and serves as a guide for transportation and air quality planning activities to be conducted over the course of specified fiscal years. During the development of the UPWP, regional partners submit projects for consideration in the document. Nondiscrimination principles are applied during the development of each biennial UPWP.
NCTCOG is committed to incorporating environmental justice elements and Title VI considerations into its Public Participation Plan. During the public participation process, populations that have been traditionally underserved by existing transportation systems including, but not limited to, low-income and minority households, are sought out and their needs considered. The Public Participation Plan includes a Language Assistance Plan outlining strategies for providing access to those with a limited ability to speak, read, write, or understand English.
Disadvantaged Business Enterprise Program
NCTCOG has a policy to award a fair share of contract opportunities to disadvantaged and historically under utilized business enterprises. The Disadvantaged Business Enterprise (DBE) Program sets a goal for contracting opportunities funded through the U.S. Department of Transportation. The current overall DBE participation goal is 25 percent.
Resolutions and Compliance Determination
NCTCOG Title VI Presentations
Additional Environmental Justice Legislation and Guidance
- Title VI of the Civil Rights Act of 1964
- Civil Rights Restoration Act of 1987
- National Environmental Policy Act of 1969
- Title VI Regulation 49 CFR 21
- Title VI Requirements in Metropolitan and Statewide Planning
- 23 United States Code 140
- 2012 U.S. Department of Transportation Order 5610.2(a)
- 2012 FHWA Order on Environmental Justice 6640.23A
- Executive Order 12250 Leadership and Coordination of Nondiscrimination Laws
- Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and
- Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency
- Uniform Relocation Assistance and Real Property Acquisition
- Impacts of the Civil Rights Restoration Act of 1987 on FHWA Programs
- Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
- Executive Order 13990: Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis
Staff Contacts: Ken Kirkpatrick, Interim Title VI & ADA Coordinator