TITLE VI HANDBOOK - Department of Transportation

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(2) Adequately staff the civil rights unit to effectively implement the State civil rights requirements.(3) Develop procedures for prompt processing and disposition of Title VI and Title VIII complaintsreceived directly by the State and not by FHWA. Complaints shall be investigated by State civil rightspersonnel trained in compliance investigations. Identify each complainant by race, color, sex, or nationalorigin; the recipient; the nature of the complaint; the dates the complaint was filed and the investigationcompleted; the disposition; the date of the disposition; and other pertinent information.Each recipient (State) processing Title VI complaints shall be required to maintain a similar log. Acopy of the complaint, together with a copy of the State’s report of investigation, shall be forwarded tothe FHWA division office within 60 days of the date the complaint was received by the State.(4) Develop procedures for the collection of statistical data (race, color, religion, sex, and national origin)of participants in, and beneficiaries of State highway programs, i.e., relocatees, impacted citizens andaffected communities.(5) Develop a program to conduct Title VI reviews of program areas.(6) Conduct annual reviews of special emphasis program areas to determine the effectiveness orprogram area activities at all levels.(7) Conduct Title VI reviews of cities, counties, consultant contractors, suppliers, universities, colleges,planning agencies, and other recipients of Federal-aid highway funds.(8) Review State program directives in coordination with State program officials and, where applicable,include Title VI and related requirements.(9) The State highway agency Title VI designee shall be responsible for conducting training programs onTitle VI and related statutes for State program and civil rights officials.(10) Prepare a yearly report of Title VI accomplishments for the past year and goals for the next year.(11) Beginning October 1, 1976, each State highway agency shall annually submit an updated Title VIimplementing plan to the Regional Federal Highway Administrator for approval or disapproval.(12) Develop Title VI information for dissemination to the general public and, where appropriate, inlanguages other than English.(13) Establishing procedures for pre-grant and post-grant approval reviews of State programs andapplicants for compliance with Title VI requirements; i.e., highway location, design and relocation,and persons seeking contracts with the State.(14) Establish procedures to identify and eliminate discrimination when found to exist.(15) Establishing procedures for promptly resolving deficiency status and reducing to writing the remedialaction agreed to be necessary, all within a period not to exceed 90 days.§ 200.11 Procedures for processing Title VI reviews.(a) If the regional Title VI review report contains deficiencies and recommended actions, the report shall beforwarded by the Regional Federal Highway Administrator to the Division Administrator, who will forward itwith a cover letter to the State highway agency for corrective action.(b) The division office, in coordination with the Regional Civil Rights Officer, shall schedule a meeting with therecipient, to be held not later than 30 days from receipt of the deficiency report.3 - 34
(c)Recipients placed in a deficiency status shall be given a reasonable time, not to exceed 90 days afterreceipt of the deficiency letter, to voluntarily correct deficiencies.(d) The Division Administrator shall seek the cooperation of the recipient in correcting deficiencies found duringthe review. The FHWA officials shall also provide the technical assistance and guidance needed to aid therecipient to comply voluntarily.(e) When a recipient fails or refuses to voluntarily comply with requirements within the time frame allotted, theDivision Administrator shall submit to the Regional Administrator two copies of the case file and a recommendationthat the State be found in noncompliance.(f)The Office of Civil Rights shall review the case file for a determination of concurrence ornon-concurrence with a recommendation to the Federal Highway Administrator. Should the FederalHighway Administrator concur with the recommendation, the file is referred to the Department ofTransportation, Office of the Secretary, for appropriate action in accordance with 49 CFR.§ 200.13 Certification acceptance.Title VI and related statutes requirements apply to all State highway agencies. States and FHWA divisionsoperating under certification acceptance shall monitor the Title VI aspects of the program by conducting annualreviews and submitting required reports in accordance with guidelines set forth in this document.3 - 35
Page 3: Table of Contents12345678Introducti
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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 and 40: Title VIAUTHORITIES23 CFR Part 2002
Page 41: Federal statutes to the extent that
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
Page 90 and 91: The FHWA's role in this phase of a
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2. Compliance OversightEnforcement
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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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