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UNDERSTANDING TITLE VI RESPONSIBILITIES AND PITFALLS November 16, 2005

UNDERSTANDING TITLE VI RESPONSIBILITIES AND PITFALLS November 16, 2005. On the basis of RACE COLOR NATIONAL ORIGIN. No person in the United States shall be - Excluded from participation - Denied benefits - Subjected to discrimination

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UNDERSTANDING TITLE VI RESPONSIBILITIES AND PITFALLS November 16, 2005

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  1. UNDERSTANDING TITLE VI RESPONSIBILITIES AND PITFALLSNovember 16, 2005

  2. 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 Civil Rights Act of 1964Title VI

  3. 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

  4. 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

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

  6. Planning Requirements State/Metro Planning Processes PL Funds for Planning ActivitiesLong-Range/Short Range Plans (LRTP/STIP) Financial Constraint Multimodalism Public Involvement State/Metro Assurances 23 CFR 450.220, 450.334

  7. 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

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

  9. 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

  10. Benefits and Burdens • Avoid • Minimize • Mitigate • Enhance

  11. Right of Way PhasesUniform Act of 1970, as amended • Donations • Appraisal • Appraisal Review

  12. Right of Way Phases • Negotiations in good faith • Acquisition • Relocation Assistance

  13. Preventing DiscriminationConstruction Phase • Be aware of Potential Title VI Issues • Mitigate any Adverse Impacts

  14. 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

  15. 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 FHWA Form 1273Sections II.I-II.9

  16. 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”

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