|
other
services 23 CFR 200; 49 CFR 21; UMTA Cir. 4702.1
local assistance 90
23 CFR 200; 49 CFR 21
The Division of Local Assistance is responsible for the funding
and management of
the State’s local agency projects and programs that utilize Federal-aid
funds. Title VI
assurances are required for all of the Federal-aid projects this
office oversees.
Extensive efforts to implement Title VI have been undertaken using
the Local Assistance
Procedures Manual (LAPM), the Local Assistance Program Guidelines
and the District
Liaison Area Engineer’s (DLAE) staff to ensure Federal requirements
are being met.
Potential Title VI Issues
Local agency projects have the potential for being discriminatory
should the local agencies
not comply with Title VI, and the local agency not include
the Title VI requirements in
their contract provisions. These two areas are addressed in
the procedures by the local
agency signing an agreement with the Department that they will
comply with all Federal
and State laws including civil rights and Title VI. Other areas
of concern could be:
1. Whether data collection/analysis is adequate.
2. Whether social, economic and environmental effects and impacts
have been identified
and described.
3. Contract language should include Title VI requirements.
4. When awarding a contract, determine whether the contractor
has any unresolved
Title VI violations.
Recommended Good Practices and Mitigation Measures
1. Incorporate Title VI requirements into policies and procedures.
2. Encourage and seek participation from those most directly
impacted.
3. Conduct an adequate number of meetings and hearings.
4. Demonstrate consideration of community input via newsletters,
letters, leaflets or
whatever medium will potentially reach the target group/audience.
5. Develop and implement forms, surveys and other data collection
methods.
6. During solicitation of contracts, ensure equal participation
including minority and
women-owned firms.
7. When local agencies give presentations at community workshops,
put graphics, slides,
etc. in applicable languages and provide diagrams that show
the relationship between
their input and the final product. Attempt to include types
of diagrams that describe
processes and community interactions in ways that translated
words cannot.
local assistance 91
8. In cooperation with other transportation entities, provide
technical assistance.
9. Treat everyone fairly.
Compliance Reviews
Compliance Reviews - Selection Methodology
The Division of Local Assistance will not randomly select
local agencies for compliance
reviews. Rather, the selection will be based on neutral
criteria or evidence of a violation.
A credible complaint can serve as specific evidence suggesting
a violation that could
trigger a compliance review.
Criteria for identifying local agencies for a compliance
review may include the following:
1. Issues targeted in the agency’s strategic plan;
2. Issues frequently identified as problems faced by program
beneficiaries;
3. Geographical areas the agency wishes to target, because
of the many known
problems beneficiaries are experiencing, or because the
agency has not had
a “presence” there for some time;
4. Issues raised in a complaint or identified using a complaint
investigation that
could not be covered within the scope of the complaint investigation;
5. Problems identified to the Department by community organizations
or advocacy
groups that cite actual incidents to support their concerns;
6. Problems identified to the Department by its grant recipients;
7. Problems identified to the Department by other State,
Federal or local civil
rights agencies;
8. The population served by the local agency.
The Local Assistance Program will develop a compliance review
instrument in coordination
with the Title VI Program. A Title VI representative will
participate in all Local Assistance
Program Title VI compliance reviews.
An adequate and representative sample of local agencies
reviewed is necessary
to indicate whether local agencies are in compliance with
Title VI.
Annual Report
Annually, the Title VI Program submits to the FHWA an accomplishment
report detailing
its accomplishments and each Emphasis Program’s accomplishments
for the past year
and goals for the upcoming year. The reporting period
is October 1 through September 30
which is the Federal Fiscal Year. The Local Assistance
Program will be responsible for
developing selection methodology to identify the number
selection of local agencies
that will be required to submit annual reports. A representative
sample is sufficient
and should be alternated annually.
Methods of Administration
The Division of Local Assistance is required to integrate
the Title VI Assurances described
in the model Nondiscrimination Agreement between the
Local Assistance Program and
the Named Recipient into the Local Assistance Program
Master Agreement or as a
separate agreement as a condition of receiving Federal
funds. A copy of the model
Nondiscrimination Agreement is located in the Assurances/Agreements
appendix section.
Planning and Project Development Process
Refer to the “Requirements for All Programs” and “Emphasis
Programs” requirements
for guidance. Because Division of Local Assistance is
an external program, the focus
will be placed on oversight, monitor and review. Approach
the discussions requirements
from an oversight perspective with the exception of the
“Contract/Grants/Permits/Loans
Assurances” and “Complaint Handling” sections, which
may directly apply.
|
