**TITLE VI COMPLIANCE REVIEW**

**OF THE**

**MONTANA DEPARTMENT OF TRANSPORTATION**

**(MDT)**

**HELENA, MONTANA**

**Final Report**

> **October 2005**

**Prepared For**

**U.S. DEPARTMENT OF TRANSPORTATION**

**FEDERAL TRANSIT ADMINISTRATION**

**OFFICE OF CIVIL RIGHTS**

**Prepared By**

**MILLIGAN & COMPANY, LLC**

[Table of Contents]{.underline}

I. GENERAL INFORMATION [1](#__RefHeading___Toc51057800)

II\. JURISDICTION AND AUTHORITIES 2

III\. PURPOSE AND OBJECTIVES 2

IV\. BACKGROUND INFORMATION 4

V. SCOPE AND METHODOLOGY 6

VI\. FINDINGS AND RECOMMENDATIONS 11

VII\. SUMMARY OF FINDINGS AND CORRECTIVE ACTIONS 25

VIII\.
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I.  []{#__RefHeading___Toc51057800 .anchor}GENERAL INFORMATION

Grant Recipient: Montana Department of Transportation

2701 Prospect Avenue

Helena, Montana 59620-1001

City/State: Helena, Montana

Grantee No: 1144

Executive Official: Mr. David Galt

Executive Director

Montana Department of Transportation

2701 Prospect Avenue

Helena, Montana 59620-1001

Report Prepared By: MILLIGAN & COMPANY, LLC

105-107 N. 22^nd^ Street, 2^nd^ Floor,

Mulberry Atrium North

Philadelphia, PA 19103

Site Visit Dates: November 16, 2004 to November 18, 2004

Compliance Review

Team Members: Sandra Swiacki Lead Reviewer Milligan & Company, LLC

Jim Buckley

Reviewer

Milligan & Company, LLC

> Diane King
>
> Reviewer

Milligan & Company, LLC

> Judith Bizjak
>
> Reviewer

Milligan & Company, LLC

II. JURISDICTION AND AUTHORITIES

The Federal Transit Administration (FTA) Office of Civil Rights is
authorized by the Secretary of Transportation to conduct civil rights
compliance reviews. Reviews are undertaken to ensure compliance of
applicants, recipients, and subrecipients with Title VI of the Civil
Rights Act of 1964, as amended (42 U.S.C. 2000d); Section 12 of the
Master Agreement, Federal Transit Administration C.A. (11), October 1,
2004; and 49 U.S.C. 5332, "Non-Discrimination."

The Montana Department of Transportation (MDT) is a recipient of FTA
funding assistance and is therefore subject to the Title VI compliance
conditions associated with the use of these funds pursuant to FTA
Circular 4702.1, "Title VI Program Guidelines for Federal Transit
Administration Recipients," dated May 26, 1988. Title VI Program
Guidelines are also incorporated in the Civil Rights sections of FTA
Circular 9070.1E, "The Elderly and Persons with Disabilities Program
Guidance and Application Instructions." and FTA Circular 9040.1E,
"Nonurbanized Area Formula Program Guidance and Grant Application
Instructions." The program guidelines of FTA Circular 4702.1 and in the
Title VI provisions of Circulars 9070.1E and 9040.1E define the
components that must be addressed and incorporated in MDT's Title VI
Program and were the basis for the selection of compliance elements that
were reviewed in this document. Where the Title VI provisions of
Circulars 9070.1E and 9040.1E conflict with those of Circular 4702.1,
the language in Circulars 9070.1E and 9040.1E supersede the language of
Circular 4702.1.

III. PURPOSE AND OBJECTIVES

**Purpose**

The Federal Transit Administration (FTA) Office of Civil Rights
periodically conducts discretionary reviews of grant recipients and
subrecipients to determine whether they are honoring their commitments,
as represented by certification, to comply with the requirements of 49
U.S.C. 5332. In keeping with its regulations and guidelines, FTA
determined that a Compliance Review of the Montana Department of
Transportation (MDT) Title VI Program was necessary. This review focused
on MDT\'s role as a State administering transit programs for the Elderly
and Disabled funded by FTA under Section 5310 and Programs for Rural and
Small Urban Areas funded by FTA under Section 5311.

The Office of Civil Rights authorized Milligan & Company, LLC to conduct
the Title VI Compliance Review of MDT. The primary purpose of this
Compliance Review was to determine the extent to which MDT has met its
General Reporting and Program-Specific requirements, in accordance with
FTA Circular 4702.1, "Title VI Program Guidelines for Federal Transit
Administration Recipients," and in accordance with the Civil Rights
sections of FTA Circular 9070.1E, "The Elderly and Persons with
Disabilities Program Guidance and Application Instructions." and FTA
Circular 9040.1E, "Nonurbanized Area Formula Program Guidance and Grant
Application Instructions." as represented to FTA. The Compliance Review
had a further purpose to provide technical assistance and to make
recommendations regarding corrective actions, as deemed necessary and
appropriate.

**Objectives**

The objectives of FTA's Title VI requirements, as set forth in FTA
Circular 4702.1, "Title VI Program Guidelines for Federal Transit
Administration Recipients," are:

-   To ensure that FTA-assisted benefits and related services are made
    available and are equitably distributed without regard to race,
    color, or national origin;

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-   To ensure that the level and quality of FTA-assisted transit
    services are sufficient to provide equal access and mobility for any
    person without regard to race, color, or national origin;

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-   To ensure that opportunities to participate in the transit planning
    and decision-making process are provided to persons without regard
    to race, color, or national origin;

-   To ensure that decisions on the location of transit services and
    facilities are made without regard to race, color, or national
    origin; and

-   To ensure that corrective and remedial action is taken by all
    applicants and recipients of FTA assistance to prevent
    discriminatory treatment of any beneficiary based on race, color, or
    national origin.

**IV. [BACKGROUND INFORMATION]{.underline}**

The Governor of Montana designated the Montana Department of
Transportation (MDT) as the responsible agency for administering the
Section 5310 and 5311 programs. The Transit Section of MDT's Rail,
Transit and Planning Division administers the programs and a broad range
of planning functions. These activities help officials select projects
and provide information for short and long-range construction and grant
programs.

MDT serves the State of Montana, which has a service area population of
902,195. As of August 2004, MDT had a total of forty-eight (48) Section
5310 Program recipients with an approximate inventory of ninety-eight
(98) vehicles and nine (9) Section 5311 Program recipients with
twenty-six (26) vehicles. MDT also has a state funding program TransADE,
which provides operating funds for transportation providers who serve
specialized clientele.

MTD's Transit Section performs the following functions:

-   Coordinates, evaluates, and administers various Federal transit
    programs,

-   Provides technical and financial assistance to local agencies and
    governments, and

-   Offers support in areas of special transportation for elderly and
    persons with disabilities, rural/urban public transportation,
    intercity passenger service, and bicycle and pedestrian issues.

At the time of the site visit, MDT had the following grants open and/or
pending with the Federal Transit Administration (FTA):

+---------------+-------------+-------------+-------------------------+
| **Grant No.** | **Award     | **FTA       | **Project Description** |
|               | Date**      | Amount**    |                         |
+---------------+-------------+-------------+-------------------------+
| MT-80-X011-00 | 3/17/2003   | \$310,777   | State Planning          |
|               |             |             |                         |
| MT-18-X021-00 | 5/22/2002   | \$1,527,696 | 5311 Rural Assistance   |
|               |             |             |                         |
| MT-18-X022-00 | 5/30/2003   | \$1,859,647 | 5311 Rural Assistance   |
|               |             |             |                         |
| MT-18-X023-01 | 6/21/2004   | \$1,243,161 | 5311 Rural Assistance   |
|               |             |             |                         |
| MT-16-0030-00 | 5/20/2003   | \$382,979   | Capital -- Elderly &    |
|               |             |             | Disabled                |
| MT-16-0031-00 | Pending     | \$383,581   |                         |
|               |             |             | Capital -- Elderly &    |
| MT-03-0021-04 | Pending     | \$889,595   | Disabled                |
|               |             |             |                         |
|               |             |             | Capital Assistance      |
|               |             |             | Facilities              |
+---------------+-------------+-------------+-------------------------+

General demographic characteristics for the State of Montana, obtained
from the 2000 census, are summarized below:

+---------------------------+------------------+----------------------+
| ####                      | ####             | ####                 |
|                           |                  |                      |
| **Race/Ethnicity**        | #### Total       | #### Percentage      |
+---------------------------+------------------+----------------------+
| #### White                | #### 817,229     | #### 90.6            |
+---------------------------+------------------+----------------------+
| #### African American     | #### 2,692       | #### .3              |
+---------------------------+------------------+----------------------+
| #### Native               | #### 56,068      | #### 6.2             |
|  American/Alaskan Native  |                  |                      |
+---------------------------+------------------+----------------------+
| ###                       | #### 5,161       | #### .6              |
| # Asian/Pacific Islander  |                  |                      |
+---------------------------+------------------+----------------------+
| #### Hispanic             | #### 18,081\*    | #### 2.0             |
+---------------------------+------------------+----------------------+
| #### Total Population     | #### 902,195     | #### 100             |
+---------------------------+------------------+----------------------+
| #### Total Minorities     | **82,002**       | #### 9.1             |
+---------------------------+------------------+----------------------+

\*Hispanics may be of any race, so also are included in applicable race
categories.

#### V. [SCOPE AND METHODOLOGY]{.underline} 

#### Scope

The Title VI Compliance Review of MDT's 5310 and 5311 transit programs
examined the following requirements as specified in FTA Circulars
4702.1, 9070.1E, and 9040.1E:

1.  [General Reporting Requirements]{.underline} -- all applicants,
    recipients and subrecipients shall maintain and submit the
    following:

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a.  A list of active Title VI lawsuits or complaints;

b.  A description of pending applications for financial assistance;

c.  A summary of recent civil rights compliance review activities;

d.  A signed FTA Civil Rights Assurance;

e.  A signed standard DOT Title VI Assurance; and

f.  A fixed-facility impact assessment analysis, if applicable, for
    construction projects.

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2.  [Program Specific Requirements]{.underline}

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a.  State Agencies Administering Transit Programs for the Elderly and
    Disabled funded under Section 5310 are required to comply with the
    following data collection and reporting requirements.

    i.  Grant Administration

    ii. Program Management Assurance

b.  State Agencies Administering Programs for Rural and Small Urban
    Areas program funded under Section 5311 are required to comply with
    the following data collection and reporting requirements.

    i.  Title VI Program Management

    ii. Title VI Reporting

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3.  [Procedures for Filing Title VI Discrimination
    Complaints]{.underline} -- all applicants, recipients, and
    subrecipients that provide public transit service are required to
    develop and implement procedures for filing Title VI discrimination
    complaints.

#### 

#### Methodology

At the beginning of the Compliance Review, an interview was conducted
with the Regional Civil Rights Officer about specific Title VI issues
and concerns regarding MDT. Following the interview, a detailed letter
was sent to MDT advising it of the site visit and indicating additional
information that would be needed and issues that would be discussed.

In the letter, MDT was requested to provide the following:

-   A map or chart of the distribution of Section 5310 and 5311 funding
    throughout the State. The areas covered by each recipient and the
    number of vehicles or dollars awarded in the past three years should
    be noted on the map or chart. The map or chart should also identify
    areas where minority populations exceed the statewide averages.

-   Copies of the current funding contracts between MDT and Section 5310
    and 5311 subrecipients

-   Copies of MDT's procedures to obtain Title VI general reporting
    information from Section 5311 subrecipients at least once every
    three years.

> In the letter, MDT was also requested to provide an update of the
> following General Reporting Requirements (Chapter III, Section 2 of
> FTA Circular 4702.1, Chapter VI Section 1 of FTA Circular 9070.1E and
> Chapter IX Section 4 of Circular 9040.1E) since its most recent Title
> VI submittal:

-   A list of any active lawsuits and complaints including a statement
    of their status or outcome

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-   A description of all pending grant applications for financial
    assistance and all financial assistance currently provided by other
    Federal agencies

-   A summary of all civil rights compliance reviews during the past
    three years including the name of the agency or organization that
    performed the review; a summary of the findings and recommendations
    of the review; and, a report on the status and/or disposition of
    such findings and recommendations

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-   A signed FTA Civil Rights Assurance

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-   A signed DOT Title VI Assurance

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-   Fixed facility analysis and, if needed, a program or other measures
    to mitigate any identified adverse impact on the minority community.

MDT was also requested to provide Program Specific Requirements for
State Agencies Administering Transit Programs for the Elderly and
Disabled (Chapter III, Section 3(c) of FTA Circular 4702.1 and Chapter
VI Section 1(c)(3) of FTA Circular 9070.1E):

-   A description of the process MDT uses to develop its application for
    Section 5310 funding, especially the method used to ensure fair and
    equitable distribution of funds, including to Native American tribes
    where applicable

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-   A description of MDT's process and criteria for selecting private
    nonprofit organizations to receive financial assistance including
    its efforts to include subreipients serving significant minority
    populations

-   A list of applicants requesting assistance, identifying whether the
    applicant is a minority organization or an organization providing
    assistance to minority communities and whether the application was
    approved

-   A description of MDT's methods for assisting nonprofit organizations
    operated by minorities or groups serving predominately minority
    communities

-   A description of MDT's methods for ensuring that subrecipients
    satisfy the general data collection and reporting requirements of
    Title VI and otherwise comply with Title VI

-   A description of MDT's ongoing process to monitor subrecipient's
    compliance with Title VI.

Additionally, MDT was requested to provide Program Specific Requirements
for State Agencies Administering Transit Programs for Rural and Small
Urban Areas (Chapter III, Section 3(d) of FTA Circular 4702.1 and
Chapter 9 Part 4(c) of FTA Circular 9040.1E):

-   A description of the process MDT uses to develop its application for
    Section 5311 funding, especially the method used to ensure fair and
    equitable distribution of funds, including to Native American tribes
    where applicable

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-   A description of MDT's efforts to assist subrecipients in applying
    for Section 5311 assistance, especially any efforts made to assist
    minority applicants

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-   A description of MDT's criteria for selecting transit providers to
    participate in the Section 5311 Program, especially its efforts to
    include subrecipients with significant minority populations

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-   A description of MDT's ongoing process to monitor subrecipients'
    compliance with Title VI

-   A description of MDT's methods for ensuring that subrecipients
    satisfy the general data collection and reporting requirements of
    Title VI and otherwise comply with Title VI.

> Finally MDT was requested to provide a description of the existing
> Title VI complaint process, in accordance with Chapter VII, Section 1
> of FTA Circular 4702.1, and copies of materials, which are made
> available to the public and describe the process for filing
> complaints.
>
> The site visit to MDT occurred November 16 through November 18, 2004.
> The individuals participating in the review are listed in Section VIII
> of this report. At the entrance conference, the purpose of the Title
> VI Compliance Review and the review process were discussed. A detailed
> schedule for conducting the site visit was discussed. Arrangements
> were also made for site visits to selected subrecipients and
> interviews with minority community representatives.

After the entrance conference, interviews were conducted with MDT's
staff to provide information on the extent to which Title VI
requirements are incorporated in the planning and implementation of the
Section 5310 and 5311 programs. Program file information on selected
subrecipients was also reviewed to verify receipt of their signed
assurances, completion of Compliance and Good Practices Reviews by MDT,
and any other documentation related to the implementation of their Title
VI Program. On the second day of the review, an on-site visit was
conducted with Helena Area Transportation System, a Section 5311 Program
recipient, and West Mont, a Section 5310 Program recipient, to ascertain
how MDT implements their programs.

To obtain a more comprehensive sample of Section 5310 and 5311 program
recipients, telephone interviews were also conducted with various
transit providers throughout the State of Montana. These included the
following systems: Butte-Silver Bow Transit, Fergus County Council on
Aging, Missoula-Ravalli TMA, Ravalli County Council on Aging, Valley
County Transit, A.W.A.R.E, Incorporated, Golden Triangle Community
Medical Center, Quality Life Concepts, BSW, Incorporated, Missoula
Developmental Service Corporation, Butte Silver Bow Council on Aging,
MET Transit, and Reach, Incorporated.

Additionally, the review team conducted interviews with leaders within
the community to gain insight on how the minority community is
represented and participates in MDT's planning process. Those
interviewed included representatives from the Big Horn County Council on
Aging, Wakina Sky Learning Circle, and the Helena Indian Alliance.

At the exit conference, the review team and MDT's management discussed
the preliminary results of the site visit and the next steps.

VI\. FINDINGS AND RECOMMENDATIONS

The Title VI Compliance Review focused on MDT\'s role as the
administrator of FTA funded transit programs for the Elderly and Persons
with Disabilities (Section 5310) and for Rural and Small Urban Areas
(Section 5311). These are separate programs with a common set of Title
VI General Reporting Requirements, applicable to all FTA recipients and
different Program-Specific Requirements for each of the programs. This
section describes the requirements, findings at the time of the
Compliance Review site visit, and the current status of MDT\'s
compliance with requirements in each of the following categories:

-   General Reporting Requirements - applies to both the Section 5310
    and the Section 5311 Programs (FTA C. 4702.1, Chapter III-2)

-   Program Specific Requirements for State Agencies Administering
    Transit Programs for the Elderly and Disabled - Section 5310 (FTA C.
    4702.1, Chapter III- 4(c))

-   Program Specific Requirements for State Agencies Administering
    Programs for Rural and Small Urban Areas - Section 5311 (FTA C.
    4702.1, Chapter III- 4(d)).

#### Findings of the General Reporting Requirements

1.  List of Active Complaints and Lawsuits

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a list of any active lawsuits or complaints naming
the applicant who alleges discrimination on the basis of race, color, or
national origin with respect to service or other transit benefits. This
requirement stems from Circular 4702.1 Chapter III-2(a) as well as from
Circular 9070.1E Chapter VI-c(2) and Circular 9040.1E Chapter IX-b(1).

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with the FTA requirement for List of Active
Complaints and Lawsuits. MDT demonstrated that it had a process in place
to secure information regarding complaints and lawsuits alleging
discrimination in service delivery from its subrecipients. At the time
of the site visit, neither MDT nor its Section 5310 or 5311
subrecipients had any Title VI lawsuits or complaints.

**2.** **[Pending Applications for Financial Assistance]{.underline}**

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a description of all pending applications for
financial assistance, and all financial assistance currently provided by
other Federal agencies. This requirement stems from Circular 4702.1
Chapter III-2(b)

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for Pending Applications
for Financial Assistance. MDT has two pending applications with FTA for
funding at the present time.

3\. Summary of Civil Rights Compliance Reviews

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a summary of all civil rights compliance review
activities conducted in the last three years. This requirement stems
from Circular 4702.1 Chapter III-2(c).

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for Summary of Civil
Rights Compliance Reviews. According to MDT, no Civil Rights Compliance
Review activities have been conducted in the past three years other than
the State Management Review that found MDT to be in compliance with its
Title VI obligations. Neither FTA, nor any other oversight agency, has
conducted a civil rights compliance review of MDT's Section 5310 and
5311 subrecipients during the same period.

> **4. [FTA Civil Rights Assurance]{.underline}**

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a signed FTA Civil Rights Assurance that all of the
records and other information required have been or will be compiled, as
appropriate. This requirement stems from Circular 4702.1 Chapter
III-2(d).

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for FTA Civil Rights
Assurance**.** MDT provided a copy of its most recent Civil Rights
Assurance signed December 24, 2003 by David A. Galt, the current
Executive Director. An updated assurance is to be included with MDT's
next Title VI submission due in 2005. MDT also requires the most current
Certifications and Assurances from each of its Section 5310 and 5311
subrecipients during the application process.

While no deficiency for this requirement was found, it was noted by the
review team that in the contracts for both the Section 5310 and 5311
Programs, the Section entitled Title VI refers to 49 CFR Part 26,
Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.

Subsequent to the site visit, MDT provided an updated form that
correctly sites the Department of Transportation Title VI Regulations at
49 CFR Part 21.

5\. DOT Title VI Assurance

**Requirement:** All applicants, recipients and subrecipients shall
maintain and submit a signed standard DOT Title VI Assurance. This is a
\"One-Time Submission." This requirement stems from Circular 4702.1
Chapter III-2(e).

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for DOT Title VI
Assurance. MDT provided a copy of its most recent standard DOT Title VI
Assurance signed December 24, 2003 by David A. Galt, the current
Executive Director. An updated assurance is to be included with MDT's
next Title VI submission due in 2005. MDT also requires the most current
Certifications and Assurances from each of its Section 5310 and 5311
subrecipients during the application process.

While no deficiency for this requirement was found, it was noted by the
review team that in the contracts for both the Section 5310 and 5311
Programs, the Section entitled Title VI references 49 CFR Part 26,
Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.

Subsequent to the site visit, MDT provided an updated form that
correctly sites the Department of Transportation Title VI Regulations at
49 CFR Part 21.

6\. Fixed-Facility Impact Analysis

**Requirement:** For construction projects, all applicants, recipients
and subrecipients shall conduct a fixed-facility impact analysis to
assess the effects on minority communities. This information can be
included in the environmental assessment or environmental impact
statement. This requirement stems from Circular 4702.1 Chapter III-2(f)
and from Circular 9040.1E Chapter IX-b(2).

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for Fixed Facility Impact
Analysis. MDT demonstrated during the review that it has a process in
place to ensure compliance with this requirement. Under the Section 5311
Program, MDT funded the construction of a transit garage in the City of
Helena. MDT requested a Class II Categorical Exclusion from the FTA for
the project. At the time of the site visit, MDT was unable to provide
the review team with copies of the application for a Categorical
Exclusion for this project.

Subsequent to the site visit, MDT provided FTA with copies of its
applications for Categorical Exclusions under 23 CFR 771.117(d) for a
vehicle storage facility in the City of Bozeman, a Bus Transit Facility
in the City of Butte, an office and garage complex to house Ravalli
County Transit employees, an addition to the Egale Transit Bus Storage
Facility, and a facility to house the Valley County Transit buses and
provide office space. Each of these projects' application for a
categorical exclusion includes the category of "community disruption and
environmental justice" among the impacts of the project to be
determined. In each case, the application states that no community
disruption will occur as a result of the project.

**Advisory Comment:** If future applications for a categorical exclusion
indicate that community disruption or other adverse impacts will result
from the project, FTA recommends that MDT identify whether the community
impacted by the project is a predominantly minority and/or low-income
community and what steps will be taken to offset or mitigate the impacts
of the project on the surrounding community. This will ensure that MDT's
analysis of construction projects are consistent with the Fixed Facility
Impact Analysis procedure in the Title VI Circular as well as the
provisions of the DOT Order on Environmental Justice to identify and
address, as appropriate, adverse and disproportionate effects of
projects on minority and low-income communities.

For the Section 5310 Program, funding is only provided for vehicles.
Therefore, these requirements are not applicable.

7\. [Title VI Complaints]{.underline}

**Requirement:** All applicants, recipients and subrecipients shall have
a process in place for receiving and resolving Title VI complaints in a
timely manner.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements for Title VI Complaints. MDT provided
documentation of their written process for receiving and resolving Title
VI complaints. A boilerplate Nondiscrimination Policy Statement and
Complaint Procedure is also provided to their subrecipients for adoption
and implementation. Subrecipients are required to report Title VI
complaints to MDT within 24 hours of their receipt. However, there was
no evidence provided at the site visit to the review team to demonstrate
how MDT or its subrecipients effectively communicate the rights and
procedures for filing a civil rights complaint in information routinely
disseminated to the public.

Subsequent to the site visit, MDT provided FTA with draft Title VI
complaint brochure for sub-recipients ad stated that sub-recipients will
be required to place these brochures in their vehicles and MDT will
include this item in its regular on-site review process to ensure
conformance with this requirement. No further corrective action is
required from MDT in response to this finding.

#### B. Findings of the Program-Specific Requirements for States Administering Elderly and Persons with Disabilities Program (Section 5310) 

1\. Documentation of Process for Developing Program of Projects (POP) to
Ensure Equitable Distribution of Funds

**Requirement:** State agencies must be able to provide a description of
the process by which it develops the annual program of projects
submitted to FTA as part of its Section 5310 grant application,
especially the method used to ensure fair and equitable distribution of
funds, including to Native American tribes where applicable. This
requirement stems from Part (a) of the Title VI program specific
requirements in Circular 9070.1E.

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for Documentation of
Process for Developing POP to Ensure Equitable Distribution of Funds.
MDT solicits applications by sending a letter to potential applicants
announcing the availability of program funds and upcoming workshops. The
list is comprised of various community-based organizations and includes
those on or near Native American reservations in the State. MDT also
announces transit grant opportunities and application workshops in
Newsline, MDT's Rail, Transit and Planning Division newsletter, which is
distributed to approximately 6500 Montanans including several hundred
local, tribal elected, and appointed officials.

According to the State Management Plan, all applicants are subject to
review by two committees. The first includes the State Selection and
Screening Committee who reviews and ranks applications based on need for
the service. This committee includes representatives from the Governor's
Office of Indian Affairs, Montana Department of Public Health and Human
Services, and a transit provider that is not applying for assistance
that year. MDT Transit staff comprises the second committee. This
committee reviews and ranks applications based on technical
qualifications and compliance with program requirements. Each grant
application is numerically rated against various selection criteria
described in Section 3 of this report entitled, Criteria Used to Select
Providers. The scores from both committees are averaged and the
applicant with the highest average score is ranked first priority. The
number of applicants to be funded is determined by the amount of federal
funding appropriated to MDT.

The process used to develop the annual program of projects is documented
in the State Management Plan. The process appears to ensure that funds
are distributed in a fair and equitable manner. For fiscal year 2005,
MDT allocated a total of \$383,581 through its Section 5310 Program.
Approximately \$106,396 or 27.7% of the total program funds were
allocated to minority organizations. These included the Confederated
Salish and Kootenai Tribes and the Mission Mountain Enterprises, Inc.
both of which service one of the seven Native American reservations
within the State of Montana.

2\. [Record of Funding Request]{.underline}

**Requirement:** State agencies shall maintain a record of funding
requests received from private nonprofit organizations and shall advise
FTA on the manner in which it selects applicants for funding. The record
should indicate whether the applicant is a minority organization or an
organization providing assistance to minority communities and whether
the application was approved. This requirement stems from the Title VI
program specific requirements of Circular 9070.1E (Chapter VI\--c(3)) as
well as from the Title VI program specific requirements of Circular
4702.1 (Chapter III\--c(1)). These provisions do not require that
applicants who are minority organizations or who provide assistance to
minority communities be granted preferential treatment in the Section
5310 application process.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements for Record of Funding Requests. MDT
maintains a record of organizations that request funding from the
Elderly and Persons with Disabilities Program. The record includes the
results of the evaluation process utilized by MDT as well as the final
ranking of applicants that were considered for funding. However, at the
time of the compliance review, the record did not designate whether the
applicant is a minority organization or an organization providing
assistance to minority communities.

**Corrective Actions and Schedule:** Within 90 days, MDT must develop
and submit to the FTA Region VIII Civil Rights Officer a process for
determining whether an applicant is a minority organization or an
organization providing assistance to minority communities and a record
of which approved and rejected funding requests were from applicants
that are minority organizations or that provide assistance to minority
communities. FTA recommends that an applicant be designated as providing
assistance to minority communities if the percentage of the minority
population in the applicant's service area exceeds the statewide
minority population percentage. The procedure should also be documented
in the State Management Plan.

**3. [Criteria Used to Select Providers]{.underline}**

**Requirement:** State agencies must provide a description of its
criteria for selecting private nonprofit organizations to receive
financial assistance, especially its efforts to include subrecipients
serving significant minority populations. This requirement stems from
part (b) of the Title VI program specific requirements of Circular
9070.1E. This provision does not require that subrecipients serving
significantly minority populations be granted preferential treatment in
the 5310 application process.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements for Criteria Used to Select Providers.
MDT demonstrated that it has specific criteria in place to evaluate and
recommend applications for funding under the Section 5310 Program. The
criteria utilized in the selection process are indicated in the State
Management Plan and appear to be consistently applied to all applicants.
However, MDT did not provide a description of its efforts to include
subrecipients with significant minority populations in the evaluation
process.

As described by MDT, the State Selection and Screening Committee reviews
the applications on the basis of need and coordination of service. In
addition to the needs assessment, applicants are also evaluated on the
basis of their technical qualifications. The specific criteria utilized
by MDT to determine their technical proficiency falls within five major
categories. These include: Applicant Agency Evaluation; Transportation
Advisory Committee (TAC)/Coordination; Financial Information;
Maintenance Program; and Private Sector Participation.

**Corrective Actions and Schedule:** Within 90 days, MDT must submit to
the FTA Region VIII Civil Rights Officer documentation of its procedure
to include subrecipients with significant minority populations in the
selection of transit providers for participation in the Section 5310
Program. The procedure should be documented in the State Management
Plan. This deficiency can be corrected if MDT provides the record of
approved and rejected applicants for Section 5310 funding, along with a
breakdown of which applicants serve predominantly minority communities
(in response to the previous finding) and a determination of the extent
to which the above record indicates that minority providers or those
serving minority populations have been adequately included in the
Section 5310 program.

**4. [Efforts to Identify and Assist Minority Applicants Apply for
Funding]{.underline}**

**Requirement:** State agencies must provide a description of its
efforts to assist nonprofit organizations operated by minorities or
groups serving predominately minority communities in applying for
Section 5310 funds. This requirement stems from part (c) of the Title VI
program specific requirements in Circular 9070.1E.

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for Efforts to assist
Minority Applicants Apply for Funding. MDT annually invites agencies and
tribal government officials on or near Montana's Indian reservations to
participate in MDT's transit grant programs. For fiscal years 2004 and
2005, MDT provided evidence that it announced their annual application
workshop to approximately forty-four (44) organizations on or near a
reservation.

Subssequent to the site visit, MDT produced maps of the state of Montana
that highlighted the percentage of the Native American population and
the total minority population by county. These maps indicate that those
counties where the total minority population exceeds the statewide
average are on or near the Indian reservations.

**Advisory comment:** FTA recommends that MDT hold pre-application
workshops, which are held around the state, in counties on or near the
Indian reservations. Holding these workshops and conducting other forms
of community outreach in these counties with high minority populations
should help MDT further identify and assist minority applicants apply
for Section 5310 funding.

**5. [Internal Monitoring Procedures]{.underline}**

**Requirement:** State agencies must develop and implement procedures to
ensure that participating nonprofit organizations satisfy the applicable
Title VI general data collection and reporting requirements. This
requirement stems from part (d) of the Title VI program specific
requirements in Circular 9070.1E and from part 2(b) of Circular 4702.1.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements for Internal Monitoring Procedures. MDT
requires its subrecipients to provide the appropriate assurances and
complaint procedures during the application process. In addition, MDT
Transit staff conducts civil rights compliance reviews as part of its
on-going Compliance and Good Practices Review Program. A sample
checklist utilized during the review to monitor subrecipient's
compliance with their Title VI obligations was provided to the review
team. While not as comprehensive as the checklist utilized for the
Section 5311 Program, the areas under review include service provided to
minority populations and the processing and handling of complaints.
However, during the record reviews conducted by the review team, no
documentation to substantiate the subrecipient's responses were secured
or required as part of the compliance review process. Based on the
above, it did not appear at the time of the site visit that MDT had
adequate procedures in place to effectively monitor and/or document its
subrecipients' compliance with Title VI requirements. According to MDT,
approximately seventeen (17) Section 5310 compliance reviews were
completed in the past two years.

Subsequent to the site visit, MDT provided copies of compliance and good
practice reviews of several of its Section 5310 subrecipients. These
reviews included a Title VI portion which asks the subrecipients to
ensure that their service is provided without regard to race, color,
creed, national origin, sex, age disability, low-income status, or
marital status and asks whether the subrecipients have adopted the MDT
recommended Title VI complaint procedures and whether they had received
any complaints concerning discrimination in the delivery of service
since the last review. Based on this information, no further corrective
action is needed in response to this finding.

#### Findings of the Program-Specific Requirements for States Administering Programs for Rural and Small Urban Areas (Section 5311)

1\. Documentation of Process for Developing Program of Projects (POP) to
Ensure Equitable Distribution of Funds

**Requirement:** A description of the process by which the state
develops the annual program of projects submitted to FTA as part of its
Section 5311 grant application, especially the method used to ensure
fair and equitable distribution of funds, including to Native American
tribes where applicable. This requirement stems from part (1) of the
Title VI program specific requirements in FTA Circular 9040.1E.

**Finding:** During this Title VI Compliance Review of MDT, no
deficiencies were found with FTA requirements for Documentation of
Process for Developing POP to Ensure Equitable Distribution of Funds.
The process by which MDT develops the annual program of projects for
FTA's approval is fully described in their State Management Plan.

According to the plan, MDT provides funding for both capital and
operating needs. After the Transit Section receives the state annual
Section 5311 Program allocation level from the FTA, the staff determines
the total amount of Section 5311 allocation that will be available for
intercity bus and Section 5311 grantees. The Transit Section will
determine a base allocation amount on the following formula: 30 percent
of the funding is allocated on service area population, 30 percent on
annual passenger trips, and 40 percent on requested derived income. The
base allocation is then adjusted upward or downward depending on the
following factors: previous year's unused Section 5311 funds; history
records showing number of vehicles, days of service, miles, passengers,
and expenses; and lastly, the general staff knowledge of the grantee's
system. Applications are reviewed and evaluated against the project
selection criteria described and a program of projects is prepared and
submitted to the FTA.

The process appears to ensure that funds are distributed in a fair and
equitable manner. For fiscal year 2005, MDT allocated a total of
\$1,513,656 through its Section 5311 Program. Approximately \$299,271 or
19.87% of the total program funds were allocated to minority
organizations. These included the Blackfeet Transit and the Fort Peck
Transportation System both of which service two of the seven Native
American reservations within the State of Montana.

> **2. [Criteria Used to Recommend Subrecipients for
> Funding]{.underline}**

**Requirement:** State agencies must provide a description of its
criteria for selecting and/or recommending approval of funding requests
from rural and small transit providers, especially its efforts to
include subrecipients with significant minority populations. This
requirement stems from part (2) of the Title VI program specific
requirements in FTA Circular 9070.1E and from Chapter III parts
(d)(1)(c) of Circular 4702.1. These provisions do not require that
subrecipients with significant minority populations be given
preferential treatment in the funding process.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements for Criteria Used to Select Providers.
MDT demonstrated that it has specific criteria in place to evaluate and
recommend applications for funding under the Section 5311 Program. The
criteria utilized in the selection process are described in the State
Management Plan. However, MDT did not provide a description of it
efforts to include subrecipients with significant minority populations.

According to the State Management Plan, Section 5311 applications are
reviewed and evaluated by the Transit Section according to the following
criteria: the documentation of need for a public transportation system
in a community; the demonstrated effort of a community to support and
use a public transportation system; the extent of commitment from local
organizations and existing transportation providers to coordinate
services; the quality and thoroughness of the Transportation Development
Plan (TDP); the efficient and practical justification of project
revenues and expenses; and the extent to which the project will comply
with federal regulations concerning EEO, Title VI, DBE, Section 13(c)
and Section 504/ADA.

**Corrective Actions and Schedule:** Within 90 days, MDT must submit to
the FTA Region VIII Civil Rights Officer documentation of its procedure
to include subrecpients with significant minority populations in the
selection of transit providers for participation in the Section 5311
Program. The procedure should be documented in the State Management
Plan. To correct this deficiency, FTA recommends that MDT list its
applicants for Section 5311 funding and designate which of these
applicants are minority providers or provide service to predominantly
minority communities. On the basis of this list, MDT should determine
whether minority providers or those serving minority populations have
been adequately included in the Section 5311 program.

3\. [Efforts to Assist Subrecipients Apply for Funding]{.underline}

**Requirement:** State agencies must provide a description of its
efforts to assist subrecipients in applying for Section 5311 funds,
especially any efforts made to assist minority applicants. This
requirement stems from part (3) of the Title VI program specific
requirements in FTA Circular 9070.1E and from Chapter III part (d)(1)(b)
of Circular 4702.1.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements to submit a description of efforts
(i.e, a substantial expenditure of time or specific actions) to assist
subrecipients in applying for Section 5311 funding, especially any
efforts made to assist minority applicants. At the time of the site
visit, MDT's State Management Plan did not describe such efforts nor was
MDT's compliance with this requirement demonstrated during the onsite
visit. MDT's outreach efforts appeared to be limited to providing
information about the 5311 Program on its website, articles published in
Newsline, MDT's Rail, Transit and Planning Division newsletter, and
personal assistance by MDT staff when requested or contacted.

Subsequent to the site visit, MDT provided a description of general
public transportation tribal outreach, which states that MDT has worked
with the Community Transportation Association of America (CTAA) to
conduct technical assistance for creating transit development plans on
the Rocky Boy, Flathead, Northern Cheyenne, and Fort Belknap
reservations and that MDT can accept these plans as part of the tribe's
application package for Section 5311 funds. MDT also sends letters to
the planning offices on all seven reservations informing them of its
transit programs, including the Section 5311 program on an annual basis.
All tribes are also included on the MDT mailing lists for its quarterly
newsletters and other public information releases. On the basis of this
information, no further corrective action is required in response to
this finding.

**4.** **[Internal Monitoring Procedures]{.underline}**

**Requirement:** State agencies must develop and implement procedures to
ensure that participating subrecipients satisfy the applicable Title VI
general data collection and reporting requirements. This requirement
stems from this requirement stems from part (4) of the Title VI program
specific requirements in FTA Circular 9070.1E and from Chapter III part
(d)(1)(d) of Circular 4702.1.

**Finding:** During this Title VI Compliance Review of MDT, deficiencies
were found with FTA requirements for Internal Monitoring Procedures. MDT
requires assurances and complaint procedures of their subrecipients
during the application process. In addition, MDT Transit staff conducts
civil rights compliance reviews as part of its on-going Compliance and
Good Practices Review Program. A sample checklist utilized during the
review to monitor subrecipient's compliance with their Title VI
obligations was provided to the team. Some of the areas under review
include levels and quality of service provided to minority populations,
location of transit services and facilities, complaint procedures, and
transit planning and decision-making processes. However, during the
record reviews conducted by the review team, no documentation to
substantiate the subreipient's responses were secured or required as
part of the compliance review process. Based on the above, it does not
appear that MDT has adequate procedures in place to effectively monitor
and/or document its subrecipients' compliance with Title VI
requirements. According to MDT, approximately five (5) Section 5311
compliance reviews were completed in the past two years.

Subsequent to the site visit, MDT provided copies of compliance reviews
of several of its Section 5311 subrecipients. These reviews included a
Title VI portion which asks the subrecipients to describe the racial
makeup of their service area, to ensure that the same level and quality
of service is provided to minority and non minority populations,
indicate whether the subrecipients have adopted the MDT recommended
Title VI complaint procedures and whether they had received any
complaints concerning discrimination in the delivery of service since
the last review. The Title VI portion of the review also asks how
service is promoted to minority populations. Based on this information,
no further corrective action is needed in response to this finding.

VII. SUMMARY OF FINDINGS AND CORRECTIVE ACTIONS

**General Reporting Requirements for States Administering Section 5310
Programs and Section 5311 Programs**

+--------------+------+-----------+-------------------+--------+-----+
| **Title VI   | **   | **De      | **Corrective      | **Re   | **D |
| Requirements | Site | scription | Action(s)**       | sponse | ate |
| For Transit  | Re   | of        |                   | Days/  | Cl  |
| Providers**  | view | Defic     |                   | Date** | ose |
|              | F    | iencies** |                   |        | d** |
|              | indi |           |                   |        |     |
|              | ng** |           |                   |        |     |
+==============+======+===========+===================+========+=====+
| 1\. List of  | C    |           |                   |        |     |
| Active       |      |           |                   |        |     |
| Complaints   |      |           |                   |        |     |
| and Lawsuits |      |           |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+
| 2\. List of  | C    |           |                   |        |     |
| Pending      |      |           |                   |        |     |
| Grant        |      |           |                   |        |     |
| Applications |      |           |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+
| 3\. Summary  | ###  |           |                   |        |     |
| of           | #### |           |                   |        |     |
| Compliance   | ## C |           |                   |        |     |
| Reviews      |      |           |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+
| 4\. Signed   | C    |           |                   |        |     |
| Civil        |      |           |                   |        |     |
|              |      |           |                   |        |     |
| Rights       |      |           |                   |        |     |
| Assurance    |      |           |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+
| 5\. Signed   | C    |           |                   |        |     |
| DOT Title VI |      |           |                   |        |     |
| Assurance    |      |           |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+
| 6\.          | AC   | Provide   |                   |        |     |
| Fi           |      | de        |                   |        |     |
| xed-Facility |      | mographic |                   |        |     |
| Impact       |      | in        |                   |        |     |
| Analysis     |      | formation |                   |        |     |
|              |      | on        |                   |        |     |
|              |      | co        |                   |        |     |
|              |      | mmunities |                   |        |     |
|              |      | affected  |                   |        |     |
|              |      | by        |                   |        |     |
|              |      | adverse   |                   |        |     |
|              |      | impacts   |                   |        |     |
|              |      | of        |                   |        |     |
|              |      | projects  |                   |        |     |
|              |      | seeking a |                   |        |     |
|              |      | CE. .     |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+
| 7\. Title VI | D    | No notice | Deficiency        |        |     |
| Complaints   |      | of        | corrected         |        |     |
|              |      | complaint | subsequent to the |        |     |
|              |      | p         | site visit        |        |     |
|              |      | rocedures |                   |        |     |
|              |      | to the    |                   |        |     |
|              |      | public.   |                   |        |     |
+--------------+------+-----------+-------------------+--------+-----+

Findings at the time of the site visit: C = In Compliance; D =
Deficiency; NA = Not Applicable; NR = Not Reviewed; F = Follow-up

**Program Specific Requirements for States Administering Section 5310
Programs**

+--------------+------+--------------+---------------+--------+------+
| **Re         | **   | *            | **Corrective  | **Re   | **   |
| quirements** | Site | *Description | Action(s)**   | sponse | Date |
|              | Re   | of           |               | Days/  | Clos |
|              | view | De           |               | Date** | ed** |
|              | F    | ficiencies** |               |        |      |
|              | indi |              |               |        |      |
|              | ng** |              |               |        |      |
+==============+======+==============+===============+========+======+
| 1\.          | C    |              |               |        |      |
| D            |      |              |               |        |      |
| ocumentation |      |              |               |        |      |
| of process   |      |              |               |        |      |
| for          |      |              |               |        |      |
| developing   |      |              |               |        |      |
| POP          |      |              |               |        |      |
+--------------+------+--------------+---------------+--------+------+
| 2\. Record   | D    | No           | Provide       | 90     |      |
| of approved  |      | designation  | documentation | days   |      |
| and rejected |      | of minority  | of the        |        |      |
| funding      |      | applicants   | process MDT   |        |      |
| requests     |      |              | will use to   |        |      |
| that         |      |              | determine     |        |      |
| identifies   |      |              | whether       |        |      |
| minority     |      |              | applicant is  |        |      |
| applicants   |      |              | a minority    |        |      |
| or           |      |              | organization  |        |      |
| communities  |      |              | or an         |        |      |
|              |      |              | organization  |        |      |
|              |      |              | providing     |        |      |
|              |      |              | assistance to |        |      |
|              |      |              | minority      |        |      |
|              |      |              | communities.  |        |      |
+--------------+------+--------------+---------------+--------+------+
| 3\. Criteria | D    | No efforts   | > Provide     | 90     |      |
| used to      |      | to include   | > record of   | days   |      |
| select       |      | s            | > funding     |        |      |
| providers,   |      | ubrecipients | > request in  |        |      |
| including    |      | with         | > response to |        |      |
| efforts to   |      | significant  | > finding #2  |        |      |
| serve        |      | minority     | > and a       |        |      |
| minority     |      | populations  | >             |        |      |
| populations  |      |              | determination |        |      |
|              |      |              | > of the      |        |      |
|              |      |              | > extent to   |        |      |
|              |      |              | > which this  |        |      |
|              |      |              | > record      |        |      |
|              |      |              | > indicates   |        |      |
|              |      |              | > that        |        |      |
|              |      |              | > minority    |        |      |
|              |      |              | > providers   |        |      |
|              |      |              | > or those    |        |      |
|              |      |              | > serving     |        |      |
|              |      |              | > minority    |        |      |
|              |      |              | > populations |        |      |
|              |      |              | > have been   |        |      |
|              |      |              | > adequately  |        |      |
|              |      |              | > included in |        |      |
|              |      |              | > the Section |        |      |
|              |      |              | > 5310        |        |      |
|              |      |              | > program.    |        |      |
+--------------+------+--------------+---------------+--------+------+
| 4\. Efforts  | AC   | > Make       |               |        |      |
| to assist    |      | > further    |               |        |      |
| minority     |      | > efforts to |               |        |      |
| applicants   |      | > identify   |               |        |      |
| apply for    |      | > minority   |               |        |      |
| funding      |      | >            |               |        |      |
|              |      |  applicants. |               |        |      |
+--------------+------+--------------+---------------+--------+------+
| 5\.          | D    | > Inadequate | Deficiency    |        |      |
| Monitoring   |      | > monitoring | corrected     |        |      |
| Procedures   |      | > procedure  | subsequent to |        |      |
|              |      |              | the site      |        |      |
|              |      |              | visit.        |        |      |
+--------------+------+--------------+---------------+--------+------+

Findings at the time of the site visit: C = In Compliance; D =
Deficiency; NA = Not Applicable; NR = Not Reviewed; F = Follow-up

**Program Specific Requirements for States Administering Section 5311
Programs**

+--------------+------+--------------+---------------+--------+------+
| **Re         | **   | *            | **Corrective  | **Re   | **   |
| quirements** | Site | *Description | Action(s)**   | sponse | Date |
|              | Re   | of           |               | Days/  | Clos |
|              | view | De           |               | Date** | ed** |
|              | F    | ficiencies** |               |        |      |
|              | indi |              |               |        |      |
|              | ng** |              |               |        |      |
+==============+======+==============+===============+========+======+
| 1\.          | C    |              |               |        |      |
| D            |      |              |               |        |      |
| ocumentation |      |              |               |        |      |
| of process   |      |              |               |        |      |
| for          |      |              |               |        |      |
| developing   |      |              |               |        |      |
| POP          |      |              |               |        |      |
+--------------+------+--------------+---------------+--------+------+
| 2\. Criteria | D    | No efforts   | > Provide     | 90     |      |
| used to      |      | to include   | > list of     | days   |      |
| select       |      | s            | > Sectopm     |        |      |
| providers,   |      | ubrecipients | > 5311        |        |      |
| especially   |      | with         | > applicants  |        |      |
| efforts to   |      | significant  | > and         |        |      |
| include      |      | minority     | > designate   |        |      |
| s            |      | populations  | > which of    |        |      |
| ubrecipients |      |              | > these       |        |      |
| with         |      |              | > applicants  |        |      |
| significant  |      |              | > are         |        |      |
| minority     |      |              | > minority    |        |      |
| populations  |      |              | > providers   |        |      |
|              |      |              | > or provide  |        |      |
|              |      |              | > service to  |        |      |
|              |      |              | >             |        |      |
|              |      |              | predominantly |        |      |
|              |      |              | > minority    |        |      |
|              |      |              | > communities |        |      |
|              |      |              | > and a       |        |      |
|              |      |              | >             |        |      |
|              |      |              | determination |        |      |
|              |      |              | > f whether   |        |      |
|              |      |              | > this record |        |      |
|              |      |              | > indicates   |        |      |
|              |      |              | > that        |        |      |
|              |      |              | > minority    |        |      |
|              |      |              | > providers   |        |      |
|              |      |              | > or those    |        |      |
|              |      |              | > serving     |        |      |
|              |      |              | > minority    |        |      |
|              |      |              | > populations |        |      |
|              |      |              | > have been   |        |      |
|              |      |              | > adequately  |        |      |
|              |      |              | > included in |        |      |
|              |      |              | > the Section |        |      |
|              |      |              | > 5311        |        |      |
|              |      |              | > program     |        |      |
+--------------+------+--------------+---------------+--------+------+
| 3\. Efforts  | D    | > No efforts | Deficiency    |        |      |
| to assist    |      | > to assist  | corrected     |        |      |
| su           |      | > s          | subsequent to |        |      |
| brecipients, |      | ubrecipients | the site      |        |      |
| especially   |      | > or         | visit.        |        |      |
| efforts to   |      | > minority   |               |        |      |
| assist       |      | > applicants |               |        |      |
| minority     |      | > apply for  |               |        |      |
| applicants   |      | > funding    |               |        |      |
| apply for    |      |              |               |        |      |
| funding      |      |              |               |        |      |
+--------------+------+--------------+---------------+--------+------+
| 4\.          | D    | > Inadequate | Deficiency    |        |      |
| Monitoring   |      | > monitoring | corrected     |        |      |
| Procedures   |      | > procedure  | subsequent to |        |      |
|              |      |              | the site      |        |      |
|              |      |              | visit.        |        |      |
+--------------+------+--------------+---------------+--------+------+

Findings at the time of the site visit: C = In Compliance; D =
Deficiency; NA = Not Applicable; NR = Not Reviewed; F = Follow-up

VIII. Attendees

+----------------+----------------------+------------+-----------------+
| **NAME**       | **                   | **PHONE**  | **E-MAIL**      |
|                | ORGANIZATION/TITLE** |            |                 |
+----------------+----------------------+------------+-----------------+
| David          | FTA/Equal            | 20         | <David.Schneid  |
| Schneider      | Opportunity          | 2-493-0175 | er@fta.dot.gov> |
|                | Specialist           |            |                 |
| (via           |                      |            |                 |
| t              |                      |            |                 |
| eleconference) |                      |            |                 |
+----------------+----------------------+------------+-----------------+
| Rebecca        | FTA/Region 10 Civil  | 72         | <Rebecca.Tanra  |
| Tanrath        | Rights Officer       | 0-963-3313 | th@fta.dot.gov> |
|                |                      |            |                 |
| (via           |                      |            |                 |
| t              |                      |            |                 |
| eleconference) |                      |            |                 |
+----------------+----------------------+------------+-----------------+
| Tom Stuber     | MDT-Transit/Planner  | 40         | <tstub          |
|                |                      | 6-444-9216 | er@state.mt.us> |
+----------------+----------------------+------------+-----------------+
| Vicky Koch     | MDT/Civil Rights     | 40         | <vko            |
|                | Bureau               | 6-444-6335 | ch@state.mt.us> |
+----------------+----------------------+------------+-----------------+
| Dick Turner    | MDT/Chief Multimodal | 40         | <dturn          |
|                | Planning Bureau      | 6-444-7289 | er@state.mt.us> |
+----------------+----------------------+------------+-----------------+
| Bill Anderson  | MDT/Civil Rights     | 40         | <bianders       |
|                | Bureau/ Title VI     | 6-444-6334 | on@state.mt.us> |
|                | Coordinator          |            |                 |
+----------------+----------------------+------------+-----------------+
| Sandra Straehl | MDT/ Administrator   | 40         | <sstra          |
|                | Transportation       | 6-444-7692 | ehl@state.mt>.[ |
|                | Planning             |            | us]{.underline} |
+----------------+----------------------+------------+-----------------+
| Jim Currie     | MDT/Deputy Director  | 40         | <jcurr          |
|                |                      | 6-444-6201 | ie@state.mt.us> |
+----------------+----------------------+------------+-----------------+
| Tom Steyaert   | MDT/Transit Section  | 40         | <tsteyae        |
|                | Supervisor           | 6-444-4210 | rt@state.mt.us> |
+----------------+----------------------+------------+-----------------+
| Ron Caldwell   | West                 | 40         | <ro             |
|                | Mont/President/CEO   | 6-447-3100 | n@westmont.org> |
+----------------+----------------------+------------+-----------------+
| Jean Morgan    | West Mont/Training & | 40         | <jea            |
|                | Quality Assurance    | 6-447-4210 | n@westmont.org> |
|                | Coordinator          |            |                 |
+----------------+----------------------+------------+-----------------+
| Kathy Realbird | Big Horn County      | 40         | No e-mail       |
|                | Council on Aging     | 6-665-2112 | provided        |
+----------------+----------------------+------------+-----------------+
| Carol Mason    | Wakina Sky Learning  | 40         | <wakin          |
|                | Circle/Executive     | 6-449-0318 | asky@qwest.net> |
|                | Director             |            |                 |
+----------------+----------------------+------------+-----------------+
| Louis Clayborn | Helena Indian        | 40         | No e-mail       |
|                | Alliance/Director    | 6-443-7780 | provided        |
+----------------+----------------------+------------+-----------------+
| Edaay Ragged   | Helena Indian        | 40         | No e-mail       |
| Robe           | Alliance/MH          | 6-443-7780 | provided        |
|                | Coordinator/Case     | Ext. 19    |                 |
|                | Management           |            |                 |
+----------------+----------------------+------------+-----------------+
| Linda          | MDT/Program          | 40         | <lhiltabra      |
| Hiltabrand     | Specialist           | 6-444-7645 | nd@state.mt.us> |
+----------------+----------------------+------------+-----------------+
| Sandra Swiacki | Milligan & Company/  | 215-496--  | <sswiacki@m     |
|                | Lead Reviewer        | 9100       | illigancpa.com> |
|                |                      |            |                 |
|                |                      | Ext. 120   |                 |
+----------------+----------------------+------------+-----------------+
| Jim Buckley    | Milligan & Company/  | 410-732 -  | <jbuckley@m     |
|                | Reviewer             | 4626       | illigancpa.com> |
+----------------+----------------------+------------+-----------------+
| Diane King     | Milligan &           | 21         | <dking@m        |
|                | Company/Reviewer     | 5-496-9100 | illigancpa.com> |
+----------------+----------------------+------------+-----------------+
| Judith Bizjak  | Milligan &           | 20         | <jbizjak@m      |
|                | Company/Reviewer     | 2-223-5550 | illigancpa.com> |
+----------------+----------------------+------------+-----------------+