|
23 CFR 200.9 (4)(b)(1) organization
The Department utilizes the FHWA policy guidance “Preventing Discrimination
in
the Federal-Aid Program: A Systematic Interdisciplinary Approach,
Chapter One”
(included as an appendix) to set the foundation for developing
and implementing
the Title VI Program.
Interdisciplinary Approach
The FHWA policy guidance prescribes an interdisciplinary approach
to implementing
Title VI. This approach requires civil rights and program specialists
to work closely
to carryout their mutual nondiscrimination program responsibilities.
Title VI nondiscrimination policy impacts all transportation
decision making programs.
However, only those programs having significant impact on
the public and business are
emphasized in the following illustration and discussions.
These programs are referred
to as Emphasis Programs.
Transportation Emphasis Programs
Planning Process
Statewide planning
Regional Planning
Project Development
Environmental
Right of Way
Construction
Research
Design
Other Services
Local Assistance
Aeronautics
Mass Transportation
Rail
The Department’s Headquarters Programs and district offices
play a vital role in ensuring
that Title VI Guidelines are implemented in the transportation
arena throughout
California. Staff in the districts are usually the first
point of contact the public has with
statewide transportation planning projects and programs.
As such, they are the Office
of Civil Rights’ eyes and ears in the communities they serve.
It is also the district’s
responsibility to not only involve all affected persons in
the planning and project
development processes but to work with the Metropolitan Planning
Organizations
(MPOs) and the Regional Transportation Planning Agencies
(RTPAs) to make sure they
involve the public in their plans and projects.
Department of Transportation
Title VI Program Interdisciplinary Concept
Technical Advisor
Audits and
Investigations
Finance Administration
Accounting
Business, Facilities,
Asset Management
& Security
Human Resources Budgets
Labor Relations Innovative
Finance
Programming Policy and
Administration
Procurement &
Contracts
Traffic Congestion
Relief Program
Training
Director
Jeff Morales
Chief Deputy Director
Tony Harris
Civil Rights
Headquarters
Information
Technology
Application
Development &
Maintenance
Network
Operations
Strategic Planning
& Customer
Support
Emphasis Programs
Program Area Administrator
District Title VI Liaison
Legal
Planning and
Modal Programs
Maintenance &
Operations
Equipment Aeronautics
Maintenance Local Assistance
Mass
Transportation
New Technology
and Research
Traffic Operations Rail
Transportation
Planning
Transportation
Systems
Information
Assistant to the
Director
External Affairs
Project Delivery
District 1
Construction
District 2
District 3
Design
District 4
District 5
Engineering
Services District 6
District 7
District 8 Environmental
Analysis
District 9
District 10 Project
Management
District 11
District 12
Right of Way
14 organization
Roles and Responsibilities - General
The Department’s role involves implementing Title VI, developing
the Title VI Program
and establishing policies and procedures for identifying
and addressing Title VI issues.
A Title VI Coordinator was appointed by the Deputy Director
of Civil Rights in April
2000 to spearhead the coordination of this effort. All department
employees and
subrecipients share Title VI responsibility.
The Director and the Chief Deputy Director
sign nondiscrimination assurances and support and provide
resources for the development
and implementation of the Title VI Program.
The Deputy Director for Civil Rights
provides leadership and enforces compliance with Title VI
through compliance reviews
and certification of department programs and subrecipients.
Provides input on department
policy directives and develops overall civil rights department
guidance. Coordinates
and prepares the Annual Element submitted to FHWA.
The Deputy Directors, Assistant Directors, District Directors
and Division Chiefs
promote awareness on Title VI issues and ensure that the
Department’s actions and
services are consistent with policy guidance and with existing
Federal and State laws
and regulations.
The Legal Division
is a full-service law office and represents the Department
and the State in hundreds
of lawsuits each year and provides legal advice and assistance
for management and
staff at headquarters and in the districts.
The Deputy Director for Planning and Modal Divisions
oversees the development of policies for planning and the
modal divisions and ensures
transportation planning processes, products and services
comply with Title VI.
The Chief for Division of Transportation Planning
develops policies and programs to implement and coordinate
transportation equity in
the planning process. Works with districts, regional planning
agencies, Federal agencies
and other appropriate entities. Develops strategies to improve
the participation of
under represented groups in planning and decision making.
Provides for sufficient and
appropriate data equity analysis and studies for transportation
decisions and technical
assistance to address and promote Title VI.
The Chief for Division of Environmental Analysis
ensures compliance with Title VI during project development
and within the National
Environmental Policy Act process. Conducts project level
and community impact
assessments concerning adverse environmental, economic, health
and social issues
15 organization
during project development. Provides guidance to internal
and external environmental
planners on ways to understand, measure and minimize or avoid
adverse project impacts
on the human environment.
The Chief for Division of Right of Way
ensures that the property acquisition for construction transportation
projects and
its affects are in accordance with Federal and State laws
including Title VI requirements.
The Chief for Division of Design
ensures project plans, specifications and estimates conform
with Federal and State laws
including Title VI requirements. Through Project Development
Teams, ensures mitigation
measures are carried out.
The Chief for Division of Construction
ensures the delivery of quality transportation products and
services that comply with
Title VI during project delivery including mitigation measures.
Establishes the division’s
direction, definition, policy and objectives. Develops and
uses performance measures
to determine program efficiency and effectiveness.
The Chief for Division of Engineering Services
ensures that construction contracts are consistent with Federal
and State contracting
laws and regulations including Title VI requirements. Conducts
outreach to promote
the participation of small, disadvantaged, minority, women
and disabled veterans business
enterprises in the Department’s construction contracts.
The Chief for Division of Procurement and Contracts
ensures that department service contracts and construction
contracts under $120,000
are consistent with existing Federal and State contracting
laws and regulations including
Title VI requirements.
The Chief for Division of New Technology and Research (NT&R)
in collaboration with academic and industry partners, including
minority institutions,
is responsible for developing innovative technologies to
build the transportation system
of the 21st century in accordance with Title VI requirements.
In addition, the NT&R
Program works closely with other Department programs and
State agencies to provide
design, construction and maintenance solutions to day-to-day
problems.
The Chief for Division of Local Assistance
ensures that all local agencies receiving Federal-aid funds
through the Department
are fully informed of and comply with Title VI requirements.
The Chief for Division of Human Resources
ensures nondiscrimination in its policy and procedures for
quality personnel management
practices including translation services for Limited English
Proficient bilingual service. 16 organization
Division Managers
actively participate to maintain compliance with Title VI
requirements and provide
appropriate resources, time and training to deliver the products
and services.
District Division Chiefs for Planning, Public Transportation
and Programming
ensure planning activities comply with Title VI. Work with
local and regional planning
agencies to maintain a coordinated effort.
District Division Chiefs for Environmental Program and Project
Delivery
ensure activities comply with Title VI requirements in developing,
evaluating and
implementing transportation projects.
The Chief of the Native American Liaison Branch
ensures that within the Division of Transportation Planning,
Office of Regional and
Interagency Planning, the Chief, Native American Liaison
Branch serves as Department
ombudsperson on Native American issues and initial contact
for Native American legal
issues. Serves as liaison between the Department, Tribal
Governments and other involved
third parties to promote government-to-government relationships.
Provides information,
training and facilitation services related to issues affecting
Native American communities.
Equal Opportunity Manager,
Discrimination Complaint Investigations Unit conducts and
ensures timely and comprehensive
investigations of Title VI discrimination complaints and
reporting those
complaints to FHWA and Title VI Coordinator.
All Employees
comply with Director’s Policy Statement, Federal and State
laws and regulations in their
day-to-day activities. Shall use context sensitive solutions,
when applicable, as an approach
to plan, design, construct, maintain and operate the transportation
system.
Regional Transportation Planning Agency/Metropolitan Planning
Organization,
local city and county subrecipients
role is to have a continually cooperative and comprehensive
transportation planning
process that results in plans and programs that consider
all transportation modes
and supports metropolitan community development and social
goals. These plans and
programs shall lead to the development and operation of an
integrated intermodal
transportation system that facilitates the efficient, economic
movement of people
and goods in a seamless manner across California.
Transportation planning agencies actively participate in
maintaining compliance with
Title VI requirements and provide appropriate resources,
time and training to deliver
the product and services consistent with these Federal mandates.
This effort will be
conducted in coordination with a public comment period before
a public involvement
process is adopted or revised.
17 organization
Roles and Responsibilities - Specific
Consultant, contractor, supplier, university and college
subrecipients
role is to fulfill the scope of contract requirements inclusive
of Title VI requirements.
23 CFR 200.9 (4) (b) (2)
23 CFR 200.9 (4) (b) (2)
The Title VI Coordinator
Is the Department expert on the Title VI Program Plan and
Guidelines and plays a
lead and participatory role in the development and implementation
of the FHWA, FTA,
Federal Aviation Administration (FAA) Title VI Compliance
Program statewide.
The Title VI Coordinator:
• Provides guidance and technical assistance on Title VI
matters and has overall program
responsibility for preparing required reports regarding Title
VI compliance and
initiating monitoring activities including developing procedures
and monitoring for the:
• Prompt processing and resolution of Title VI complaints.
• Collection of statistical data (race, color, national origin,
sex, disability
and age) on participants in and beneficiaries of the Department’s
programs,
activities and services.
• Identification and elimination of discrimination when found
to exist.
• Prompt resolution in deficient areas.
• Pre-grant and post-grant approval reviews for compliance
with Title VI requirements.
• Conducts Title VI compliance reviews of department program
area activities and
cities, counties, consultants, contractors, suppliers, planning
agencies and other
subrecipients of Federal financial assistance.
• Ensures that Title VI requirements are included in policy
directives and that
the procedures used have built-in safeguards to prevent discrimination.
• Coordinates the development and implementation of a training
program.
• Prepares an annual report of Department Title VI accomplishments
and upcoming
goals including an annual update to the Title VI Program
Plan that reflects organizational,
policy and implementation changes.
• Assists program personnel to correct Title VI problems
or discriminatory practices
or policies found when conducting self monitoring and compliance
review activities.
• Develops Title VI information for public dissemination,
where appropriate, in
languages other than English.
• Refers Title VI discrimination complaints to the Civil
Rights, Office of Equal
Opportunity, Discrimination Complaint Investigation Unit
(DCIU).
Title VI Liaison(s), Headquarters
Work at the direction of the Title VI Coordinator to assist
and support the Department’s
18 organization
Title VI Program’s role and responsibilities and are experts
on the Title VI Program,
Plan and Guidelines.
The Headquarters Title VI Liaison:
• Advises the Title VI Coordinator of Title VI issues.
• Provides technical assistance to Title VI Program Area
Administrators, District
• Refers Title VI discrimination complaints to the Civil
Rights, Office of Equal
• Reviews policy directives for Title VI compliance to ensure
that procedures used
• Conducts Title VI compliance reviews of department program
areas and cities,
Title VI Liaisons and other program personnel.
Opportunity, DCIU.
have built-in safeguards to prevent discrimination.
counties, consultants, contractors, suppliers, planning agencies
and other
subrecipients of Federal financial assistance.
• Assists program personnel to correct Title VI problems
or discriminatory
practices or policies.
• Develops Title VI training modules and conducts Training-for-Trainers
and workshops.
• Reviews and analyzes statistical data provided by programs
on participants in
• Develops Title VI information for public dissemination,
where appropriate, in
• Participates in pre-grant and post-grant approval reviews
for compliance with
and beneficiaries of the Department’s programs, activities
and services.
languages other than English.
Title VI requirements.
Title VI Interdisciplinary Team (T6-IT) members
provide guidance to civil rights and program personnel and
serve as advisors to fully
implement the Title VI Program. This coordinated and cooperative
approach of teaming
program and civil rights specialists is essential to adequately
mitigate identified adverse
impacted communities and to ensure mechanisms are in place
to avoid discrimination.
The T6-IT focus is to:
• Foster awareness of nondiscrimination requirements.
• Participate in the development and implementation of the
Title VI Plan and Guidelines.
• Identify and prioritize areas of vulnerability and/or need.
• Formulate and prioritize strategies to address areas of
vulnerability.
• Develop a Title VI Work Plan.
• Establish program roles and responsibilities.
• Act on the Title VI Program Plan.
• Continuously assess the plan’s effectiveness.
19
23 CFR 200.9 (4) (b) (2)
organization
Representatives from FHWA and the FTA are invited to participate
in the process as
well. The T6-IT members include representatives from:
Division of New Technology and Research
Division of Procurement and Contracts
Division of Project Management
Division of Right of Way
Division of Traffic Operations
Division of Transportation Planning
Legal Division
Civil Rights
Division of Construction
Division of Design
Division of Engineering Services
Division of Environmental Analysis
Division of Local Assistance
Division of Maintenance
Title VI Program Area Administrators (PAA)
Understand the application of Title VI to their respective
program areas and are
responsible for ensuring Title VI compliance in their respective
divisions through policy
development, procedures and monitoring.
These individuals work closely with the Title VI Coordinator
and Headquarters
and District Title VI Liaisons and function as liaisons between
the Title VI Program
and the districts.
Title VI PAA:
• Advise the Title VI Coordinator and their respective management
of Title VI issues.
• Ensure that Title VI requirements are included in policy
directives, contracts and
program manuals and that the procedures used have built-in
safeguards to prevent
discrimination.
• Ensure the collection and analysis of statistical data
to determine transportation
investment benefits and burdens to the eligible population,
including the minority
and low-income populations.
• Self monitor and corrective action within their respective
division/district for
Title VI compliance.
• Provide guidance and technical assistance to program staff
to correct Title VI
problems or discriminatory practices or policies.
• Work with District Title VI Liaisons to promote awareness
of Title VI requirements,
policies and processes.
• Assist the Title VI Coordinator in coordinating and conducting
compliance reviews.
• Provide the Title VI Coordinator with an annual report
of Title VI accomplishments
and upcoming goals including program update that reflects
organizational, policy
and implementation changes for inclusion in the annual Title
VI Program Plan update.
• Refer Title VI discrimination complaints to the Department’s
Civil Rights, Office of
Equal Opportunity, DCIU.
20
23 CFR 200.9 (4) (b) (2)
organization
• Develop Title VI information for public dissemination,
where appropriate, in languages
other than English.
• Participate in pre-grant and post-grant approval reviews
for compliance with
Title VI requirements.
District Title VI Liaisons
Work closely with the Title VI Coordinator, Title VI Liaisons,
Title VI PAA and District
Equal Opportunity Officers to implement the Department’s
Title VI Program Plan
through programs, procedures and ongoing monitoring in the
district. District Title
VI Liaisons are located in each of the 12 district offices
and are responsible for
ensuring Title VI compliance in their respective districts.
The District Title VI Liaisons:
• Advise the Title VI Coordinator and district management
of Title VI issues.
• Promote and heighten Title VI awareness.
• Provide technical assistance to Headquarters, district
and regional transportation
planning agencies, cities and counties personnel.
• Assist district officials with the review of local and
regional transportation
agency Public Participation Plans, Regional Transportation
Plans, Overall Work
Plans, Environmental Impact Reports, Transportation Concept
Reports and other
types of plans and grant applications in relationship to
Title VI requirements.
• Assist the Title VI Program with coordinating compliance
reviews conducted.
• Self monitor and corrective action within their respective
division/district for
Title VI compliance.
• Ensure documentation of Title VI activities.
• Assist in the preparation of the annual Title VI Program
Plan update as requested
by the Title VI Coordinator or respective PAA.
• Refer Title VI complaints to the Civil Rights, Office of
Equal Opportunity, DCIU.
• Ensure the collection and analysis of statistical data
to determine transportation
investment benefits and burdens to the eligible population,
including the minority
and low-income populations.
• Develop Title VI information for public dissemination,
where appropriate, in languages
other than English.
• Participate in pre-grant and post-grant approval reviews
for compliance with
Title VI requirements.
[public involvement]
Public involvement is fundamental and essential in achieving
equitable transportation
that meets the needs of all persons in the State of California.
Public participation
provides for public involvement of all persons (including
Native Americans, minorities
and low-income persons), affected public agencies, representatives
of transportation
agency employees, freight shippers, providers of freight
transportation services,
private providers of transportation, representatives of users
of public transit and
other interested parties of the community affected by transportation
plans, programs
and projects.
public involvement
200.9 (4) (b) (12); 23 CFR 450.212; 23 CFR 450, 771; 49 CFR
21.5 (1); 49 CFR 619, 622; 28 CFR 42.405
How does a transportation agency grab and hold people’s interest
in a project or
plan, convince them that active involvement is worthwhile
and provide the means
for them to have direct and meaningful impact on transportation
decisions. Public
participation is the key. Engaging stakeholders, businesses
and the public early in
the project scoping, planning process and maintaining that
communication through
project implementation is critical.
Department planning processes must include a proactive public
involvement process
that provides complete public information, timely notice,
full public access to key
decisions and supports early and continuing involvement of
the public in developing
transportation plans and Transportation Improvement Programs.
The public
involvement process includes the following:
22 public involvement
• Public comment period prior to initial adoption or revision
of public involvement
process.
• Timely information about transportation issues and processes
to all interested
parties involved and affected by transportation plans, programs
and projects.
of transportation plans and Transportation Improvement Programs.
Open public
• Reasonable public access to technical and policy information
used in development
meetings.
• Adequate public notice of public involvement activities
and time for public review
and comment at key decision points including but not limited
to approval of
• Demonstrate consideration and response to public input
received during planning
transportation plans and Transportation Improvement Programs.
and project development processes.
served by existing or future transportation systems including
but not limited to
• Make a concerted effort to involve the public, especially
those traditionally under
low-income and minority households.
• Ensure opportunities for significant input on a draft transportation
plan or
Transportation Improvement Program (TIP). Summarize the input
received and
include the summary as part of the record supporting the
final plan and TIP.
• Where final transportation plan or TIP differs significantly
from one presented
for public comment by a transportation planning agency and
raises new material
issues which interested parties could not have reasonably
foreseen from public
involvement efforts, an additional opportunity for public
comment on the revised
plan or TIP shall be made available.
• Periodic review of the public involvement process to ensure
standards are met,
to evaluate the public involvement process for effectiveness
and to ensure full
and open access to all.
• Coordination of metropolitan planning processes, where
necessary, with Statewide
public involvement processes to enhance public consideration
of the issues, plans
and programs and reduce redundancies and cost.
• Ensure opportunity for full participation and provide accommodation
for persons
with disabilities at meetings by:
a. Meeting in a fully accessible facility.
b. Providing notice that documents can be made in alternate
formats upon request.
c. Considering accessible alternatives such as videos with
real-time captioning,
the use of interpreters or Braille.
d. Effectively accommodating hearing impaired persons by
providing sign language
interpreter or real-time captioning.
23 public involvement
The Public Involvement process includes the development of
procedures for the collection
and analysis of statistical data of public participants in,
and beneficiaries of State
transportation programs; establishment of procedures to identify
and eliminate discrimination;
and identification and implementation of affirmative measures
to ensure
nondiscrimination. The State, and any other agencies/organizations
which are responsible
for satisfying the statewide transportation planning and
programming requirements,
will accomplish this task through their integrated transportation
planning processes
including the public involvement process for the statewide
transportation plan and
the federal statewide transportation improvement program.
See Public Involvement appendix for reference tools that
have been successfully used
by transportation planning agencies. requirement for all
programs
requirements for all programs
The discussions that follow have been developed to address
the primary areas of
concern regarding compliance with Title VI requirements.
These discussions should
be considered at a minimum by all Department programs. The
Emphasis Programs
and Other Services Programs must integrate them into their
processes/procedures,
activities and services.
Program specific considerations are discussed in both the
“Emphasis Programs”
and “Other Services” requirements sections by specific program.
26 requirements for all programs
23 CFR 200.9 (4) (b) (5), (6), (7);
23 CFR 200.11; 49 CFR 21.9
Compliance Reviews
The Title VI Program is required to conduct compliance reviews
of Department programs
and its subrecipients. The purpose of the compliance review
process is to determine if
the Department’s Emphasis Programs and Other Services Programs
and subrecipients
are meeting Title VI compliance requirements.
A compliance review schedule will be posted in the fall of
each year on the Title VI Program
website when the website is implemented, or contact the Title
VI Coordinator and
request a copy of the schedule. Programs scheduled for review
will be notified in writing
at least 60 days in advance to coordinate a date to ensure
the attendance of the
Division Chief or District Director and key personnel. The
notice of review (NOR) will
include a compliance review instrument containing questions
that the programs are
required to answer in writing and return 30 days prior to
the scheduled on-site review.
The Title VI Program staff will review the program response
during the desk review
process in advance of the on-site review. The on-site review
will be conducted over a
five-day period and consist of an entrance conference, review
of files and documentation,
interviews and an exit conference.
A Determination of Findings (DOF) will be issued within a
30-day period following the
exit conference. A copy of the findings is provided to the
Department Director, Chief
Deputy Director, Civil Rights Deputy Director and to the
appropriate executive staff
of the program being reviewed, FHWA and FTA. No action on
the part of the program
is required on findings of compliance, unless a condition
of compliance is specified.
However, programs found out of compliance are required to
develop a Corrective
Action Plan (CAP) to overcome any deficiencies noted in the
DOF within a period not
to exceed 90 days. If it is determined that the matter cannot
be resolved voluntarily,
by informal means, action will be taken to effectuate compliance.
See the Corrective
Action section that follows.
District compliance reviews will follow the process described
above with the exception
of the on-site review period. District on-site review periods
range from 5-10 days
allowing time to include review of various program areas
which may include planning,
environmental, right of way, construction, contracting and
research.
The Department will attend the FTA/FHWA Triennial review
of Metropolitan Planning
Organizations (MPOs) and will assist the MPO in addressing
any corrective actions or
recommendations when appropriate. Local agencies compliance
reviews will be conducted
by the Division of Local Assistance with participation from
the Title VI Program.
The Department will not conduct Title VI compliance reviews
of universities and colleges.
Universities and colleges are reviewed by the Department
of Education for compliance 27 requirements for all programs
with Title VI. Rather, the Department will specifically monitor
contracts with universities
and colleges for compliance with Title VI requirements.
23 CFR 200.9 (4) (b) (15); 23 CFR 200.11; 49 CFR 21.13 Corrective
Action
Effective compliance of Title VI requires the Department
to take prompt action to
achieve voluntary compliance in all instances in which noncompliance
is found.
If a Department program or subrecipient is found out of compliance
or is believed to
be out of compliance with Title VI, the Department has three
potential remedies:
1. Resolution of the noncompliance status or potential noncompliance
status by
voluntary means by entering into an agreement which becomes
a condition of
assistance,
2. Where voluntary compliance efforts are unsuccessful, a
refusal to grant or continue
the assistance is initiated or
3. Where voluntary compliance efforts are unsuccessful, referral
of the violation to
the FHWA, FTA or Federal Aviation Administration (FAA) who
will forward to the
U.S. Department of Justice for judicial consideration.
Efforts to secure voluntary compliance should be undertaken
at the outset in every
noncompliance situation and should be pursued through each
enforcement action.
Similarly, when an applicant fails to file an adequate assurance
or apparently breaches
its terms, notice should be promptly given on the nature
of the noncompliance problem
and identify possible consequences thereof and an immediate
effort made to secure
voluntary compliance.
Oversight monitoring of contract/grant/permit/loan subrecipients
is critical to ensuring
compliance with Title VI. This responsibility lies with each
division and district. In the
event, noncompliance cannot be corrected by voluntary means
contact the Title VI
Coordinator for assistance.
23 CFR 450.104,
450.210 (5);EO 13175
Consultation with Tribal Governments
The Federal Transportation Equity Act for the 21st Century
(TEA-21) reinforced the
Federal emphasis on Tribal Government participation in transportation
planning that
was initiated by the Intermodal Surface Transportation Efficiency
Act of 1991 (ISTEA).
Federally recognized Tribes are familiar with the Federal
“consultation” process that
requires agencies to identify when the agency is formally
consulting with the Tribe.
23 CFR 450.104
Consultation means that one party confers with another identified
party and, prior
to taking action(s), considers that party’s views.
28 requirements for all programs
Tribal Government refers to the recognized government, or
political unit of a Tribe.
CFR 23, Section 450.206
Federal law requires intermodal planning for the geographic
area, which includes the
concerns of Tribal Governments having jurisdiction over lands
within the boundaries
of the State. Considerations should include:
• Transportation problems
• Land use
• Employment
• Economic development
• Environment
• Housing and Community development objectives.
Issues may also include Tribal Governments’ concerns about
projects outside their
jurisdiction that have the potential to impact their communities
or cultural resources.
It is important to know with whom you are consulting and
what methods are most effective:
• Each federally recognized Tribe is a sovereign government.
Each Tribe has its own
form of government and protocol for how business is to be
conducted. There is no
singular approach. Unless directed otherwise by the Tribe,
correspondence should
be addressed to the Tribal Chairperson.
• Tribal leaders are frequently participating on their own
time and money. Agencies
need to be cognizant of this and act accordingly; e.g., be
flexible when and where
meetings are scheduled. A meeting with the Tribal Government
(most often referred
to as the Tribal Council) is usually the most effective way
to communicate.
• Providing enough time for the Tribal Government to respond
is important. Most
Tribal Governments meet once a month, and it may be difficult
to put additional
items on the agenda if not given enough time.
In 1999, the California Transportation Commission (CTC) adopted
additional Guidelines,
which included:
Interests of Tribal Governments
The Regional Transportation Plan (RTP) process shall meet
the Federal and State
requirement to consult with and consider the interests of
Indian Tribal Governments
in the development of transportation plans and programs,
including funding and
programming of transportation projects accessing tribal lands
through State and
local transportation programs.
The Commission adopted a policy requiring Regional Transportation
Planning Agencies
(RTPA) to address—in a current RTP—the requirements in the
RTP Guidelines as a
condition of accepting a Regional Transportation Improvement
Program (RTIP) for
29 requirements for all programs
inclusion in the State Transportation Improvement Program
(STIP). Therefore, it is
important that the RTP reflect not only the method used to
consult with Tribes, but
to identify what the tribal interests are and how they have
been considered, including
funding projects that address these interests.
See the Native American appendix for additional information
regarding the requirements
that govern the funding and planning of transposition projects
related to issues and
concerns of federally recognized Tribal Governments.
Contracts/Grants/Permits/Loans Assurances
Next
Page
|
