Business Resources & Programs

The Right of Way Program Next Page

The Right of Way Program provides property rights for construction of transportation projects in accordance with Title VI of the Civil Rights Act of 1964, the Federal Uniform Relocation Assistance and Real Property Act which require people affected by transportation projects be treated fairly and equitably. These activities require ongoing interaction with the public during all phases of the project particularly in the following areas:
∑ Appraisals
∑ Property Management
∑ Acquisitions
∑ Condemnation
∑ Relocation Assistance Program
Potential Title VI Issues
Whether:
1. Selection of comparable sales and rental rates reflects discrimination and stereotypes.
2. Adjustment to the comparable sales and rental properties reflects discrimination.
3. Consistency exists in the determination of severance damages.
4. Every effort was made to negotiate for required property before filing condemnation.
5. Property owners were fully informed of their rights to receive just compensation for their property before any donation of such property.
6. The offer was made for the full amount of the review appraiserís determination of fair market value.
7. Consistency exists in the application of minimum payment of policy.
8. Relocation advisory assistance was provided equitably and without discrimination to the displaced individuals.
9. The selection of comparable replacement housing is fair, consistent and without discrimination.
10. Decent, safe and sanitary inspection standards are consistently applied.
11. Adequacy of personal contacts.
12. The determination of rent amounts is equitable.
13. The procurement of bids provides equal opportunity.
14. The maintenance of rental properties on projects is adequate and consistently performed for all tenants.

Recommended Good Practices and Mitigation Measures
1. Expand the pool of qualified fee appraisers via aggressive outreach.
2. Maximize quality of appraisal reviews (training, selection of fee/staff appraisers; qualified review appraisers.)
3. Ensure the parcel file documents the basis for donations and notification of entitlement to just compensation.
4. Ensure consistency in the implementation of negotiation procedures.
5. Ensure policy is applied uniformly from project to project.
6. Ensure relocation staff are sensitive to the needs of displaced individuals; that feedback obtained from displaced individuals and needs assessment and self evaluations are conducted.
7. Training, diversification of staff and self evaluations.
8. Aggressive outreach and removal of barriers.
9. Self evaluations, tenant feedback, referral services.

Possible Compliance Review Questions
Administration
General
1. What office or section within the Division of Right of Way has the lead responsibility for Title VI matters?
2. What process is followed when a new directive is issued?
3. Is the divisionís Program Area Administrator (PAA) involved in policy development?
4. When awarding a contract, grant, loan or permit, what mechanism is used to ensure that the contractor or applicant does not have any unresolved Title VI violations?
5. What is the role of the PAA and/or key personnel in the right of way phase and who is responsible for analysis of the following?
∑ Public involvement and citizen advisory committees
∑ Scheduling time and location of public meetings and hearings
∑ Identification of impacts
∑ Identification of mitigation measures
∑ Relocations
∑ Consideration of alternative with respect to corridors and locations
∑ Appraisal of properties
∑ Negotiation with property owners
∑ Acquisition of relations of people and business
∑ Adjustment of utilities
6. Who is responsible for identifying Title VI issues in right of way documents of proposed projects?

Staff Composition
1. Provide a staffing composition listing by position, race and gender for senior level and above classifications. Include an organizational chart.
2. Policy and Advisory Committees - Provide a listing of committees and their respective members by position, race and gender.
3. Provide a listing of persons who are designated to provide alternative language assistance and identify what languages they translate.

Complaint Procedure
1. Provide a copy of the procedure the division uses to handle a Title VI complaint.
How are your customers made aware of this process?
2. How many Title VI related complaints have you received in the past two years?
What was the outcome of those complaints?
3. How are Title VI complaint procedures disseminated to program personnel?

Training
1. Has staff received formal or informal training on Title VI of the Civil Rights Act of 1964, related statutes or policy including Executive Orders on Environmental Justice and Limited English Proficiency? Please describe.
2. Are staff scheduled for Title VI and related statutes training this year? If yes, please provide the schedule and who will attend.

Data Collection & Monitoring
1. Does the division self monitor its activities to ensure nondiscrimination? If yes, please describe the process(es). If not, why not?
2. What process does the division use to self monitor data collection and contract/grant language requirements?
3. What data (race, color, national origin, language considerations, sex, disability and age) do you maintain that reflects the extent to which members of minority and low-income populations participate in right of way activities or services?
4. What records and/or reports are maintained that specifically reflect compliance with Title VI?
5. Who is responsible for developing, maintaining and reporting this data?
6. How is this data used?

Right of Way
Strategies and Goals
1. Provide a copy of the divisionís Strategic Plan and Performance Measure Objectives for the current fiscal year.
2. What strategies and efforts has the division developed for ensuring, demonstrating and substantiating compliance with Title VI?
3. Does the division use demographic data that includes identification of the locations of socioeconomic groups, including low-income and minority populations as covered by the Executive Order on Environmental Justice and Title VI provisions? What process is used to identify and define the eligible population?
4. Does the divisionís process seek to identify the needs of low-income and minority populations? Describe how.
5. What methods are used to identify imbalances?
6. How does the division follow-up to ensure mitigation measures identified for projects significantly impacting minorities are carried through?

Service Equity
1. Describe, in summary, the programs administered by your division.
2. Does the division have an analytical process in place for assessing the benefits and burdens of transportation system projects on different minority and socioeconomic groups? Please describe.
3. Does the division have a data collection process in place that will support the analysis of benefits and burdens? Describe this process and provide an example.
4. How is the analysis of benefits and burdens used?

Public Involvement
1. Provide a copy of your public involvement process policy. What is the public comment period before the process or revision is adopted?
2. Is information about right of way issues and processes provided timely to citizens, public agencies, transportation agency employees, private sector transportation providers and others affected by transportation plans, programs and projects? Describe how.
3. Does the public have access to technical and policy information used to develop right of way documents where Federal-aid highway and transit programs are considered? Describe how.
4. Is advance public notice given for public review and comment on key decisions, including approval and amendments? Describe how.
5. Are the needs of low-income and minority households taken into account? Describe how.
6. Does the public outreach effort use media such as print, television, radio, etc. and is it targeted to low-income or minority populations?
7. Has the division made funds available to local organizations that represent low-income and minority populations to enable their participation in the right of way process?
8. What is the divisionís process for advertising a Public Notice that your program is an equal opportunity program and/or that Federal law prohibits discrimination?
9. Are Tribal Governments and related public agencies on public or tribal land involved in the right of way process? Describe how Tribal Governments are involved in the right of way process and what considerations are given to Indian reservation roads.
10. Give an example of what changes have occurred as a result of input by public involvement, specifically low-income and minority populations?
11. Is the public involvement process reviewed periodically to determine the effectiveness of full and open access to all? Describe how.
12. Describe the types of assurances utilized to ensure that no one is excluded from participation in or denied benefit of or otherwise subjected to discrimination on the basis of race, color, sex, national origin, disability or age from your programís activities and services.
13. Describe actions taken to comply with the Americans with Disabilities Act.
14. What is the role of the PAA in assisting program area personnel with public involvement activities?
15. Has the PAA or key program personnel attended public meetings and/or hearings held for projects with potential Title VI impacts? If yes, give an example and list the meeting/hearing, whom attended and the outcome(s).
16. What role did the PAA and/or key program personnel play to facilitate participation of historically under represented groups and accessibility to the location of the meetings or hearings?
17. Does the PAA review procedures addressing public involvement, particularly concerning minority citizen participation? If so, please provide examples.
18. Please describe the procedures followed when working with external customers who are limited English proficient.

Hearings
1. What statistics are kept on public hearing participation by race and gender?
Visual identification?
2. Are minority group concerns addressed in a timely manner? Describe how.
3. Are public meeting announcements made available in languages other than English, according to the affected minority population? Describe how and provide an example.
4. Are accessible locations (geographically and structurally), appropriate times and translation services planned for and provided during public hearings?

Contracts
1. Who in the division monitors the contractorís adherence with the Title VI requirements?
2. How does the division promote the participation of Disadvantaged Business Enterprises (DBE) contracts?
3. Are DBE goals set and do you meet these goals?
4. Provide the number, dollar values and types of contracts and funding sources used during the last two fiscal years. Identify if there were any DBEs on the contracts.

Appraisals
1. Does the selection of comparable sales and rental properties process identify discrimination and stereotypes? Describe how.
2. What process is used to ensure consistency and nondiscrimination of severance/consequential damages? Please describe.

Replacement Housing
1. Is relocation advisory assistance provided equitably and without discrimination to displaced individuals? Describe how.
2. Describe how the divisionís process ensures that the selection of comparable replacement housing is fair, consistent and without discrimination?

Decent, safe and sanitary housing determinations
1. Describe how the divisionís process ensures that decent, safe and sanitary inspection standards are consistently applied.
2. What is the adequate number of personal contacts? Describe this process.

Negotiation
1. What is the process to guarantee consistency in the implementation of negotiation procedures?
2. Is every effort made to negotiate for required property before filing condemnation?
Describe how.

Compensation
1. What is the process to ensure that property owners are fully informed of their rights to receive just compensation for their property before any donation of such property?
2. How is consistency in the application of minimum payment policy guaranteed?

Last Resort Housing Authorizations
1. What steps are taken to ensure nondiscrimination in last resort housing authorization process? Describe this process.

Property Management
1. How is the determination of equitable rent amounts made?
2. Does the procurement of bids provide equal opportunity? Describe how.
3. Is maintenance of rental properties on projects adequate and consistently performed?
Describe how.
4. Is the management of highway airspace and the disposal of excess property handled equally and equitable? Please explain.
Goals for Upcoming Federal Fiscal Year 2002 as submitted by the Division of Right of Way September 2001.
Please provide a status report on the following goals:
1. Continue with ongoing Title VI training.
2. Have District Title VI Liaisons attend the Civil Rights Title VI training.
3. Continue to be diligent with regard to the distribution of Title VI documents and information.
4. Expeditiously handle any complaints received regarding violation of Title VI policies.
5. Create an appropriate mechanism for gathering data with regard to discrimination during the Right of Way process. District input will be solicited concerning this endeavor.
6. Ensure that Title VI liaisons discuss the necessity of Title VI adherence with staff at least once each year.

Self Monitoring
1. What office or section within the right of way program has the lead responsibility for Title VI matters?
2. What is the role of the PAA or District Title VI Liaison in the right of way stage?
3. How does the recipient ensure nondiscrimination in the following areas:
∑ Appraisals
∑ Replacement housing
∑ Decent, safe and sanitary housing determinations
∑ Negotiation
∑ Compensation
∑ Last resort housing authorizations
23 CFR 200, 633; 49 CFR 21; NDA


For individuals with Limited English Proficiency and sensory disabilities, this information is available in various languages, Braille, large print, on audio-cassette, or computer disk. To obtain a copy in one of these alternate formats, please call or write to the California Department of Transportation, Office of Business & Economic Opportunity - MS #79, 1823 14th Street, Sacramento, CA 95814, (916) 324-1700, toll free 1-866-810-6346, FAX (916) 324-1949.