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:
www.achp.gov 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:
www.fhwa.dot.gov/environment/ej2.htm. 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:
https://www.ada.gov/NOTE: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.
