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Title VI / Non-Discrimination. Lester G Finkle National Title VI/Nondiscrimination Program Manager. ROW/Civil Rights Webinar April 2011. Learning Objectives. What Is Title VI/Nondiscrimination What Is Environmental Justice What Is Limited-English-Proficiency

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Title VI / Non-Discrimination

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    1. Title VI / Non-Discrimination Lester G Finkle National Title VI/Nondiscrimination Program Manager ROW/Civil Rights Webinar April 2011

    2. Learning Objectives • What Is Title VI/Nondiscrimination • What Is Environmental Justice • What Is Limited-English-Proficiency • How Does Title VI/Nondiscrimination, EJ, and LEP Impact ROW Functions • How Does ROW Monitor LPAs That Conduct ROW Activities

    3. What is Title VI/Non-discrimination? • Civil Rights Act Of 1964 • No person shall, on the grounds of race,color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. • Civil Rights Restoration Act of 1987

    4. What is Title VI/Non-Discrimination? (Cont’d) • Title VI-related Laws • 23 USC 324 • Age Discrimination Act of 1975 • Section 504 of the Rehabilitation Act of 1973/Americans With Disabilities Act of 1990

    5. Executive Orders versus Laws and Regulations • Executive Order • Laws and Regulations

    6. WHAT IS ENVIRONMENTAL JUSTICE (EJ)? • Executive Order #12898: Environmental Justice • STAs need to identify minority/low-income populations and ensure their participation in all programs, activities and services.

    7. What is Limited English Proficiency (LEP)? • Executive Order #13166: Limited-English-Proficiency • STAs need to identify LEP populations and develop a list of actions to be taken to provide reasonable access for LEP groups to STA programs, activities and services

    8. Title VI/Non-Discrimination Documents • The STA Plan • STA Implementation Plan • STA Annual Update

    9. Title VI/Non-Discrimination Annual Update • STA submits to Division by October 1st • Describes results of process/sub-recipient reviews performed, identifies data analysis trends/patterns etc. • Includes Schedule of Reviews for the upcoming year and any special emphasis area(s) • Division Office reviews and comments to STA and ultimately approves the Update

    10. Public Involvement/Participation Plan • Procedures required of STAs and MPOs in Environment (23 CFR 771.111(h)) and Planning (23 CFR 450.210(a)(1)(viii)) • Coordinate with Title VI/Non-discrimination Program-related processes (including EJ and LEP)

    11. Title VI/Non-Discrimination Tools • DOT language list: Roster of STA multi-lingual employees • Internal process surveys • Data collection analysis surveys: internal & sub-recipient • EJ/LEP: GIS maps showing populations • DOJ Language Identification Guide for LEP

    12. Federal Programs • Planning – Statewide and Metropolitan • Project Development (Environment & Design) • Rights-of-Way • Construction • Maintenance • Research • Training • Safety

    13. PLANNING – Title VI/Non-Discrimination Requirements • Statewide Planning: The STA prepares a multi-year STIP • Metropolitan Planning: MPO develops a multi-year TIP and a UPWP annually. Each TMA has a triennial certification review. • Ensure MPOs’ administer their programs and activities in a non-discriminatory manner

    14. Project Development-Environment • STA circulates DEISs, FEISs, and EAs for public comments • Public hearing legal notices • Title VI/Non-discrimination staff • STA public involvement plandefinesrole of Title VI/Non-discrimination staff • How are STA Office of ROW staff involved in the Environmental process?

    15. Project Development - Design • Public Meetings Notices published in LEP language(s) as appropriate • Public Meetings times and locations convenient for LEP and EJ populations • Public Involvement plan defines role of Title VI/Non-discrimination staff in the process

    16. Rights of Way • Valuation/Acquisition/Relocation/Prop-erty Management Processes • Retention Of Consultants To Perform ROW-Related Functions (Follow approved Contracting procedures) • ROW & Title VI/Non-discrimination Assurances • ROW & Local Public Agencies (Municipally-Administered Projects)

    17. Appraisals • Process To Hire Fee Appraisers: Needs to be transparent, consistently applied, fairly measured and evaluations should be product-based • Valuation and Review Processes should base outcomes upon factual data associated with the property and should be fairly and consistently applied

    18. Acquisition • Bona-Fide Negotiations: Negotiations with property owners must be conducted in a non-discriminatory manner • Administrative Settlements: How these settlements are conducted must be in a non-discriminatory manner • LEP: The ROW Brochure, Offer Letter may need to be translated into the LEP language

    19. Relocation • Illegal Aliens Act Of 1997: Process to identify persons not lawfully present must be implemented in a non-discriminatory manner • Relocation Housing/Rental Payments: Must be calculated in a non-discriminatory manner • Relocation Advisory Services: Must be provided in a nondiscriminatory manner

    20. Property Management • Maintenance Of Properties: Must be performed in a nondiscriminatory manner • Maintenance Schedule: If there is a Maintenance Schedule, it must be developed in a nondiscriminatory manner

    21. Title VI/Nondiscrimination Assurances • Excess Property Land Sale Deeds • Airspace Leases/Licenses • USDOT Order #1050.2: Requires STAs to insert in all ROW Deeds and Leases/Licenses a document entitled “Clauses For Deeds, Licenses, Permits Or Similar Instruments”

    22. Contract Administration • Ensure STA and LPAs include the Title VI/Non-discrimination assurance paragraph in all solicitations for bids and RFPs for work or material

    23. Process Reviews • STA is responsible for developing and implementing an annual schedule of reviews. ROW will identify Reviews • Schedule of reviews identifies program areas to be reviewed and looks out 3-5 years • Each program area needs knowledgeable staff to evaluate the various processes to ensure compliance

    24. Data Collection and Analysis • Effective monitoring and program administration includes a method to collect and analyze data • Managers of each program need to collect and regularly analyze data, and provide a report to the Title VI/Non-discrimination Coordinator • A data collection/analysis survey will be helpful

    25. Monitoring Sub-recipients • Sub-recipients Monitoring Program • A data collection/analysis survey will be helpful • Sub-recipients include MPOs, colleges/universities (research funds), and LPAs (Contractors are not sub-recipients)

    26. Multi-Modal • STAs may be responsible to multiple modes. In this situation, the Title VI/ Non-discrimination staff may cover them all • FAA has historically accepted the FHWA-approved Title VI/Non-discrimination Plan • FTA Circular FTA C 4702.1A

    27. Questions? Lester G. Finkle National Title VI/Nondiscrimination Program Manager E-mail: lester.finkle@dot.gov Telephone# 202-366-5991