TITLE VI HANDBOOK - Department of Transportation

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(f) Discrimination. That act (or action) whether intentional or unintentional, through which a person in theUnited States, solely because of race, color, religion, sex, or national origin, has been otherwise subjected tounequal treatment under any program or activity receiving financial assistance from the Federal HighwayAdministration under Title 23 U.S.C.(g) Facility. Includes all, or any part of, structures, equipment or other real or personal property, or intereststherein, and the provision of facilities includes the construction, expansion, renovation, remodeling,alternation or acquisition of facilities.(h) Federal assistance. Includes:(1) Grants and loans of Federal funds,(2) The grant or donation of Federal property and interests in property,(3) The detail of Federal personnel,(4) The sale and lease of, and the permission to use (on other than a casual or transient basis), Federalproperty or any interest in such property without consideration or at a nominal consideration, or at aconsideration which is reduced for the purpose of assisting the recipient, or in recognition of the publicinterest to be served by such sale or lease to the recipient, and(5) Any Federal agreement, arrangement, or other contract which has, as one of its purposes, the provisionof assistance.(i) Noncompliance. A recipient has failed to meet prescribed requirements and has shown an apparent lack ofgood faith effort in implementing all of the Title VI requirements.(j) Persons. Where designation of persons by race, color, or national origin is required, the followingdesignations ordinarily may be used: ‘‘White not of Hispanic origin’’, ‘‘Black not of Hispanic origin’’,‘‘Hispanic’’, ‘‘Asian or Pacific Islander’’, ‘‘American Indian or Alaskan Native.’’ Additional subcategoriesbased on national origin or primary language spoken may be used, where appropriate, on either a nationalor a regional basis.(k) Program. Includes any highway, project, or activity for the provision of services, financial aid, or otherbenefits to individuals. This includes education or training, work opportunities, health, welfare, rehabilitation,housing, or other services, whether provided directly by the recipient of Federal financial assistance orprovided by others through contracts or other arrangements with the recipient.(l) State highway agency. That department, commission, board, or official of any State charged by its laws withthe responsibility for highway construction. The term State would be considered equivalent to State highwayagency if the context so implies.(m) Program area officials. The officials in FHWA who are responsible for carrying out technical programresponsibilities.(n) Recipient. Any State, territory, possession, the District of Columbia, Puerto Rico, or any political subdivision,or instrumentality thereof, or any public or private agency, institution, or organization, or other entity, or anyindividual, in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal assistanceis extended, either directly or through another recipient, for any program. Recipient includes anysuccessor, assignee, or transferee thereof. The term recipient does not include any ultimate beneficiary underany such program.(o) Secretary. The Secretary of Transportation as set forth in 49 CFR 21.17(g)(3) or the Federal HighwayAdministrator to whom the Secretary has delegated his authority in specific cases.(p)Title VI Program. The system of requirements developed to implement Title VI of the Civil Rights Act of1964. References in this part to Title VI requirements and regulations shall not be limited to only Title VI ofthe Civil Rights Act of 1964. Where appropriate, this term also refers to the civil rights provisions of other3 - 32
Federal statutes to the extent that they prohibit discrimination on the grounds of race, color, sex, ornational origin in programs receiving Federal financial assistance of the type subject to Title VI itself.These Federal statutes are:(1) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d–d4 (49 CFR part 21; the standardDOT Title VI assurances signed by each State pursuant to DOT Order 1050.2;Executive Order 11764; 28 CFR 50.3);(2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. 4601–4655) (49 CFR part 25; Pub. L. 91–646);(3) Title VIII of the Civil Rights Act of 1968, amended 1974 (42 U.S.C. 3601– 3619);(4) 23 U.S.C. 109(h);(5) 23 U.S.C. 324;(6) Subsequent Federal-Aid Highway Acts and related statutes.§ 200.7 FHWA Title VI policy.It is the policy of the FHWA to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR part 21;and related statutes and regulations.§ 200.9 State highway agency responsibilities.(a) State assurances in accordance with Title VI of the Civil Rights Act of 1964.(1) Title 49, CFR part 21 (Department of Transportation Regulations for the implementation of Title VI ofthe Civil Rights Act of 1964) requires assurances from States that no person in the United Statesshall, on the grounds of race, color, or national origin, be excluded from participation in, be denied thebenefits or, or be otherwise subjected to discrimination under any program or activity for which therecipient receives Federal assistance from the Department of Transportation, including the FederalHighway Administration.(2) Section 162a of the Federal-Aid Highway Act of 1973 (section 324, Title 23 U.S.C.) requires thatthere be no discrimination on the ground of sex. The FHWA considers all assurances heretoforereceived to have been amended to include a prohibition against discrimination on the ground of sex.These assurances were signed by the 50 States, the District of Columbia, Puerto Rico, the VirginIslands, Guam, and American Samoa. The State highway agency shall submit a certification to theFHWA indicating that the requirements of section 162a of the Federal- Aid Highway Act of 1973 havebeen added to its assurances.(3) The State highway agency shall take affirmative action to correct any deficiencies found by theFHWA within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliancein accordance with State signed assurances and required guidelines. The head of the Statehighway agency shall be held responsible for implementing Title VI requirements.(4) The State program area officials and Title VI Specialist shall conduct annual reviews of all pertinentprogram areas to determine the effectiveness of program area activities at all levels.(b)State actions.(1) Establish a civil rights unit and designate a coordinator who has a responsible position in theorganization and easy access to the head of the State highway agency. This unit shall contain aTitle VI Equal Employment Opportunity Coordinator or a Title VI Specialist, who shall be responsiblefor initiating and monitoring Title VI activities and preparing required reports.3 - 33
Page 3: Table of Contents12345678Introducti
Page 6 and 7: 1 - 2
Page 8: C. Procedures: Yes No ?1. Has the S
Page 17 and 18: (b) Effective dateThe provisions of
Page 19 and 20: Title VIAUTHORITIESSELECTED NONDISC
Page 21 and 22: NONDISCRIMINATION EXECUTIVE ORDERS
Page 23 and 24: • DOJ Policy Guidance Document da
Page 25 and 26: Title VIAUTHORITIESU.S. DOT TITLE V
Page 27 and 28: effect are to remove or overcome th
Page 29 and 30: c. Access to sources of information
Page 31 and 32: United States Code, or detailed und
Page 33 and 34: 3. If the Secretary denies any such
Page 35 and 36: Appendix A to Part 21 -- Activities
Page 37 and 38: 2. Federal Highway Administration.i
Page 39: Title VIAUTHORITIES23 CFR Part 2002
Page 43 and 44: (c)Recipients placed in a deficienc
Page 45 and 46: Standard U.S. DOT Title VIASSURANCE
Page 47 and 48: APPENDIX ADuring the performance of
Page 49: APPENDIX CThe following clauses sha
Page 52 and 53: - Cause discrimination on the basis
Page 54 and 55: A Viable Implementation Plan serves
Page 56 and 57: The Civil Rights Office - Policy an
Page 58 and 59: investigations to make findings of
Page 60 and 61: When Compliance Cannot be Achieved
Page 62 and 63: 9) Data Collection and Reporting Re
Page 64 and 65: 3. Procedures for processing compla
Page 66 and 67: Responsibilities &StrategiesSub-rec
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Page 70 and 71: B. Statewide and Metropolitan Plann
Page 72 and 73: can achieve involvement through a v
Page 74 and 75: Issue: 4. Whether data collection/a
Page 76 and 77: The NOI is a notice published in th
Page 78 and 79: Issue: 1. Whether public involvemen
Page 80 and 81: III. RIGHT-OF-WAYA. GeneralWhile th
Page 82 and 83: 3. Constructing a new replacement d
Page 84 and 85: Relocation Advisory Assistance and
Page 86 and 87: limitations; mandate compliance wit
Page 88 and 89: No contractor is to be required to
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The FHWA's role in this phase of a
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2. Compliance OversightEnforcement
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Page 96 and 97:
Title VI Coordinator• How does th
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Planning• What office or section
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Complaints• What are the procedur
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Question 3: Is the STA required to
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Question 5: Is the Title VI Coordin
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Question 5: What is the STA’s res
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Further, a STA’s directives or ad
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TITLE VI HANDBOOK - Department of Transportation

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