UNDERSTANDING TITLE VI RESPONSIBILITIES AND PITFALLS November 16, 2005

Civil Rights Act of 1964 Title VI On the basis of RACE COLOR NATIONAL ORIGIN No person in the United States shall be - Excluded from participation - Denied benefits - Subjected to discrimination –In any Federally-funded program, policy, or activity

Condition of Receiving Federal Funds ODOT Minimum Requirements Provide written assurances of non-discrimination Establish Civil Rights Unit Appoint Title VI Coordinator Disseminate Title VI information Provide Title VI training Annual accomplishment report and work plan Conduct Reviews-Internally and Subrecipients Promptly investigate complaints

What does Agency do if there is a complaint? Look into the matter promptly Resolve it at the lowest possible level What did you know? When did you know it? Document your efforts to resolve issue Refer complainant to ODOT for relief

TITLE VI Planning Environment / Project Development Right of Way Construction Research

Planning Requirements State/Metro Planning Processes PL Funds for Planning Activities Long-Range/Short Range Plans (LRTP/STIP) Financial Constraint Multimodalism Public Involvement State/Metro Assurances 23 CFR ,

Transportation Planners Must Consider Public involvement & effective public participation in decision-making Diversity of public input including minority groups and if input was considered Coordination with Tribal Governments Participation by non-metro local officials Adequacy of data collection

Project Development Phase between Planning and Construction Identify and analyze SEE effects pursuant to NEPA of 1969 Categorical Exclusion Environmental Assessment (FONSI) Environmental Impact Statement (ROD)

NEPA Documents Air Quality, Noise, View, Haz Mat Acquisitions and Relocation study Alternatives and no build comparison Socio-economic and Environmental Justice Public Involvement and Input Cumulative and Concurrent projects

Benefits and Burdens Avoid Minimize Mitigate Enhance

Right of Way Phases Uniform Act of 1970, as amended Donations Appraisal Appraisal Review

Right of Way Phases Negotiations in good faith Acquisition Relocation Assistance

Preventing Discrimination Construction Phase Be aware of Potential Title VI Issues Mitigate any Adverse Impacts

Contract Provisions Section II of FHWA Form –1273 –Derived from Title VI of Civil Right Act of 1964 –Implemented by 23 CFR200 –Applies to all Federal-aid contracts of $10,000 or more

FHWA Form 1273 Sections II.I-II.9 EEO Policy 16 Steps in 41CFR 60 EEO Officer Supervisors aware of EEO policy and role Meetings, post notices, posters, handbooks Recruit and ID sources Review project sites Investigate any complaints promptly Advise of training programs available EEO clause in Union agreements DBE subcontractors Retain records- 1391

Maintenance Are equitable amounts of funding allocated to maintain roadways/sidewalks in minority and low-income neighborhoods? Fill potholes/ dirt vs. paved roads/sidewalks Equitable Decisions on use of resources? Need-based, not “equal”