Page 56 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

ENVIRONMENTAL ISSUES 39

Historic Places are present or potentially present (such as in an archaeologically sensitive
area), there must be early public involvement. Projects are excepted from this requirement
if (1) they have been defined as having a minimal APE and therefore do not fall within the
Section 106 definition of undertakings and (2) no known historic resources are present.
Opportunity for involvement by the public generally occurs at the identification, evalua-
tion, and consultation stages for projects categorically excluded from review under NEPA.
For those actions requiring evaluation in an EA, notices concerning the initiation of the
environmental review process or opportunities for public review must state whether any
alternatives could potentially involve historic properties. If this uncertain then the notices
must request the names of those persons who may have information relating to historic
properties that may be affected or who may be interested in the effects of the undertaking
on historic properties. At any hearing, the effects of any alternatives on such properties
must be identified.
For projects where an EA or EIS has been prepared, documentation of completion of the
Section 106 process should be included in the completed document. For categorically
excluded projects, Section 106 documentation is completed separately when resources have
been identified.

1.4.6 Federal Requirements Protecting Disadvantaged
and Minority Populations

Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.). The Civil Rights Act of
1964 was arguably the most instrumental piece of legislation in providing an opportunity
voice for minorities to participate in the review of federal capital programs. The Act pro-
hibits discrimination on the basis of race, color, and national origin in projects or programs
receiving federal financial assistance.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Public Law 91-646). The Uniform Relocation Assistance and Real Property Acquisition
Policies Act provides benefits and protection for persons whose real property is acquired
or who would be displaced from acquired property because of a project or program that
receives federal funds. A displaced person may be an individual, family, business, farm, or
nonprofit organization. Just compensation is required, and guidelines exist for ensuring fair
treatment.
Environmental Justice—Executive Order 12898, Federal Actions to Address Environ-
mental Justice in Minority Populations and Low Income Populations (February 11,
1994). Executive Order 12898 was issued to address disproportionately high and adverse
human health and environmental impacts on low-income and minority populations. The
U.S. DOT issued DOT Order 5680.1 on April 15, 1997, to ensure that each modal agency
within the DOT complies with this executive order. A number of state agencies have adopted
analogous procedures requiring an evaluation of projects to determine whether they would
result in a disproportionate adverse impact on minority or low-income populations.

1.5 LEAD-BASED PAINT REMOVAL

A significant number of state-maintained steel bridges are coated with lead-based paint.
Steel bridges were coated with lead-based paint for more than 40 years. The coating sys-
tems have an expected effective life of 15 to 25 years, and those on many bridges are now