Regulatory Considerations

​While public involvement should be part of every Cabinet project and program, there are circumstances that require additional attention and care. A number of regulations mandate specific outreach efforts in order to ensure fair participation of key stakeholders. Key regulatory processes are discussed in this section.

Section 106 (National Historic Preservation Act 1969)
Section 106 is required for projects with a federal nexus, such as federal funding or federal permits. This section requires that interested parties be given an opportunity to participate in project decisions by becoming "Consulting Parties" to the project. Local government officials, the State Historic Preservation and Native American Tribes are recognized as "By Rights" consulting parties. Others can request to become consulting parties by showing a legitimate interest. Consulting party status entitles the party to share their views, receive and review pertinent information, offer ideas and consider possible solutions together with the Federal agency and other consulting parties. For more information follow this link to the Advisory Council on Historic Preservation:

Examples: Invitation to Consulting Parties - D6- Item No. 6-8104, S106 Presentation - D7- Item No. 7-912

Civil Rights act of 1964/Title VI and Environmental Justice Executive Order 12898
These regulations require the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. Environmental Justice(EJ) specifically addresses minority and low income groups. Discrimination shall not occur in connection with
programs or activities receiving financial assistance from the Federal Highway Administration (FHWA). The FHWA will ensure compliance with Title VI in all of its programs and activities whether or not those programs and activities are FHWA funded. Special care must be given towards developing strategies for dealing with these EJ populations. These strategies should consider barriers. Cultural factors and community history should be considered when developing outreach methods. For more information, check out the FHWA website: A Title VI brochure is also available on the KYTC website.

Americans with Disability Act (23CFR Part 35)
In part, this regulation states that public services, which include KYTC transportation projects, cannot deny services to people with disabilities, nor can they be denied participation in programs or activities which are available to people without disabilities. This includes involvement in project and program development. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities. For more information, please visit the US Department of Justice Americans with Disabilities website:

These are just a few of the issues that you may encounter when developing projects and programs. Be aware of the context of the project or program and consider the resources and stakeholders groups who may be impacted. A good public involvement plan will ensure that regulatory requirements are met, and more importantly that our process provides fair participation for all.

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