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VOLUNTARY RESOLUTION AGREEMENT 

I. Purpose and Background 

This Voluntary Resolution Agreement (Agreement) is entered into by the Federal 

Highway Administration (FHWA) and the Texas Department of Transportation (TxDOT) 

to resolve the FHWA investigation of TxDOT regarding the North Houston Highway 

Improvement Project (Project) under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 

2000d to 2000d-7 (Title VI) by setting forth specific mitigation actions for the Project.

These actions will ensure that TxDOT carries out the Project consistent with the 

requirements of Title VI. 

FHWA investigated TxDOT’s compliance with Title VI and the U.S. Department of 

Transportation’s (DOT) Title VI regulations, at Title 49 of the Code of Federal 

Regulations (C.F.R.), Part 21, in response to administrative complaints filed by the 

following individuals or entities: 1) Air Alliance Houston on January 18, 2021 (DOT 

Complaint No. 2021-0092); 2) Texas Housers on January 26, 2021 (DOT Complaint No. 

2021-0095); 3) Modesti Cooper on February 28, 2021 (DOT Complaint No. 2021-0103); 

and 4) by Harris County on October 8, 2021 (DOT Complaint No. 2021-0250). The 

complaints alleged the Project would result in race, color, or national origin 

discrimination against multiple communities in the Project area in violation of Title VI. 

The complaints also alleged that the public participation process for the Project 

discriminated against individuals on the basis of race and national origin. 

FHWA initiated its investigation in March 2021. TxDOT completed the environmental 

clearance process for the Project under the National Environmental Policy Act (NEPA) 

on February 3, 2021. To preserve the status quo during the course of its investigation, 

FHWA requested that TxDOT pause contract letting, property acquisition, and final 

design work, and TxDOT complied. 

From April 2021 to March 2022, FHWA sent three Requests for Information to TxDOT, 

in response to which TxDOT provided nearly 9,000 documents, along with access to 

hundreds of additional documents. In addition to these documents, FHWA reviewed 

thousands of pages of publicly available documents developed through the NEPA 

process. Over the course of two site visits to Houston, FHWA conducted approximately 

100 in-person interviews and 20 virtual interviews with members of the community 

affected by the Project, in addition to numerous interviews with TxDOT staff. 

In accordance with DOT’s Title VI regulations, FHWA entered into discussions with 

TxDOT in 2022 focused on reaching a voluntary resolution agreement on the concerns 

raised in the Title VI complaints. This Agreement is a result of those negotiations. 

II. Title VI Jurisdiction

Title VI provides that “[n]o person in the United States 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 
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financial assistance.” 42 U.S.C. §2000d. Title VI’s prohibition against national origin 

discrimination requires that recipients of federal funds take reasonable steps to provide 

meaningful access to persons with limited English proficiency (LEP). DOT’s Title VI 

regulations at 49 C.F.R. Part 21 provide that recipients may not, directly or through 

contractual or other arrangements, utilize criteria or methods of administration which 

have the effect of subjecting persons to discrimination because of their race, color, or 

national origin, or have the effect of defeating or substantially impairing accomplishment 

of the objectives of the program with respect to individuals of a particular race, color, or 

national origin. TxDOT is a recipient of Federal financial assistance from the FHWA, 

and the Project includes Federal financial assistance. DOT has jurisdiction over TxDOT 

under Title VI and its Title VI regulations because TxDOT receives federal financial 

assistance from DOT. As a recipient, TxDOT must comply with Title VI in its programs 

and activities, which include not only this Project, but also “all of the operations of” 

TxDOT. 42 U.S.C. §2000d-4a. 

III. General Terms

1. This Agreement, and all provisions and Exhibits herein, are between TxDOT and FHWA 

as the sole parties to the Agreement. This Agreement will be applicable to, and binding 

upon, the parties to this Agreement, their officers, agents, employees, assignees, and 

successors in office. The FHWA Texas Division Office has been delegated responsibility 

for leading the oversight and implementation of this agreement. 

2. The provisions and Exhibits herein constitute the entire Agreement.

3. If any part of the Agreement is deemed invalid, all other provisions remain valid. 

4. The signatories represent that they are authorized to bind TxDOT and FHWA.

5. By signing this Agreement, TxDOT does not admit that any Title VI violation has 

occurred and voluntarily agrees to implement these actions. 

6. This Agreement resolves this Title VI investigation and is limited to the facts and issues 

presented in the complaints identified during this investigation. This Agreement does not 

affect TxDOT’s continuing obligation to comply with Title VI, and all other federal laws 

and applicable regulations, or preclude FHWA from taking appropriate action to evaluate 

TxDOT’s compliance with any laws enforced by FHWA.

7. Neither TxDOT nor any entity or business party to an agreement to carry out the actions 

herein shall intimidate, threaten, coerce, or discriminate against any individual for the 

purpose of interfering with any right or privilege secured by Section 601 of Title VI or 49 

C.F.R. Part 21, or because they have made a complaint, testified, assisted, or participated 

in any manner in an investigation, proceeding, or hearing pursuant to Title VI . 49 C.F.R. 

§ 21.11(e). 

8. The term of this Agreement (Term) shall commence on the date that both parties sign this 

Agreement (Effective Date). 
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9. This Agreement shall terminate after the date that all terms in Article IV have been 

completed, except that Articles VIII and IX will survive the termination of this 

Agreement as necessary to effectuate their intent. If the Project is terminated, this 

agreement will cease to be effective. Should the project be suspended due to funding or 

legal action, the actions required in this Agreement are suspended during the time of the 

Project suspension, with the exception of those actions in Article IV.2.a (compliance with 

Uniform Act); Article IV.2.f (Affordable Housing initiatives); Article IV.2.l (project 

website); Article IV.6.k.vi (participation in Emancipation Trail feasibility study); Article 

IV.6.k.vii (Olivewood National Register of Historic Places); and Article IV.8.g (LEP 

SOP). 

10. This Agreement may be modified by mutual agreement of both FHWA and TxDOT after 

negotiating in good faith and in writing. 

11. If TxDOT is unable to comply with the initial timelines in this Agreement, then TxDOT 

may send FHWA a written extension request detailing the reasons for the request and the 

new dates requested. The new dates will become effective only if FHWA responds in 

writing to TxDOT accepting the request terms. FHWA may propose a counterproposal to 

the terms proposed by TxDOT. If TxDOT does not comply with the timelines agreed to 

under this Agreement and does not otherwise secure an extension request from FHWA, 

then FHWA may pursue potential sanctions, as discussed in Section IX of this 

Agreement. 

12. All mitigation measures described in the Final Environmental Impact Statement (FEIS), 

Record of Decision (ROD), and this Agreement mitigate impacts resulting from the 

Project and represent reasonable public expenditures after considering the impacts of the 

action and the benefits of the proposed mitigation measures. As such, the mitigation 

measures described in the FEIS, ROD, and this Agreement are eligible for federal 

reimbursement pursuant to 23 CFR §771.105(e). 

13. TxDOT will cooperate in a timely manner with FHWA regarding all additional requests 

for information and documentation, pursuant to 49 C.F.R. § 21.9, et seq.

14. Nothing in this Agreement shall be construed as creating any liability in favor of any 

third party or parties against FHWA or TxDOT. 

IV. TxDOT Actions

As the Recipient of Federal-Aid Highway funds from FHWA, TxDOT is solely 

responsible for effectuating the actions described in this Agreement. Except where noted, 

the actions described below will be performed in addition to the mitigation actions 

already committed to by TxDOT, as they relate to the Project, contained within the ROD. 

TxDOT agrees to comply with the Americans with Disabilities Act and with Section 504 

of the Rehabilitation Act of 1973 in constructing all pedestrian-related elements

associated with the Project. 
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TxDOT will perform or effectuate the following1: 

1. Reducing the NHHIP Footprint During Detailed Design 

a) Consistent with the requirements of all state and federal law, including NEPA and 

Title VI, and consistent with actions established by the ROD and FEIS, TxDOT 

remains committed to evaluating reasonable opportunities to reduce the project 

footprint in ways that would not compromise the integrity and functionality of the 

purpose and need of the Project, as described in the ROD. TxDOT agrees that 

requests to reduce the Project footprint should be evaluated with a focus on the 

following: 

i. Strengthening Houston's economy; 

ii. Reducing flooding on and off the freeway; 

iii. Making travel safer for all road users;

iv. Providing long-term capacity for all users of the roadway, including 

automobile, freight, and transit; 

v. Serving and preserving the neighborhoods along the corridor while 

enhancing connectivity between neighborhoods; 

vi. Mitigating impacts to existing parks and open space while creating 

additional opportunity for open space; and 

vii. Ensuring accessible evacuation routes. 

b) TxDOT agrees to use the least amount of right-of-way as allowed and defined by 

law, after evaluation of the project footprint. 

c) It is important to note that any proposals to reduce the Project footprint must not 

compromise safety, flooding mitigation, design standards, freight mobility and 

evacuation effectiveness.

2. Displacements, Relocations, Housing, and Other Community Impacts

TxDOT is committed to minimizing residential, business, and community resource 

displacements due to the Project to the extent practicable, consistent with meeting the 

purpose and need of the Project and consistent with Title VI requirements. In 

addition, TxDOT recognizes the impacts of the Project on the already limited 

availability of affordable housing in the Project area and is committed to mitigating 

such impacts as set forth in the Project Record of Decision (ROD) and this VRA. 

TxDOT will continue to engage and inform the public about project developments 

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 Unless otherwise provided, nothing in this Agreement should be construed to be limited by the terms of the 

agreements between TxDOT and the City of Houston, and between TxDOT and Harris County, regarding the 

NHHIP. 
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and construction impacts as the Project moves forward and provide competent 

language assistance services, interpretation and translation for persons with LEP. 

Displacements

a) TxDOT will comply with the Uniform Relocation Assistance and Real Property 

Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.) (Uniform 

Act) and associated regulations at 49 CFR Part 24 throughout the course of the 

Project. TxDOT will include the data elements in Parts B and C of Appendix B, 

49 CFR part 24, for all residential and non-residential displacements associated 

with the Project in the Progress Reports required by Article VI of this VRA. 

Additionally, for each displacement reported in the previous sentence, TxDOT 

will provide documentation of benefits provided in accordance with the Uniform 

Act. TxDOT will redact all personally identifiable information in its reports, but 

shall make the information available for review by FHWA upon request. 

b) Within 90 days of signing this VRA, TxDOT will complete a survey of all nonresidential businesses, services, or other organizations displaced by the Project, 

accommodating those entities’ language preferences, to confirm their receipt of 

relocation services under the Uniform Relocation Act. For those entities that have 

already relocated and respond that they did not receive relocation services or did 

not receive adequate relocation services, TxDOT will provide such relocation 

services as committed to for non-residential relocations under the NHHIP ROD 

within 150 days of signing this VRA. TxDOT will document progress in 

providing the non-residential relocation services described herein, including the 

number of non-residential businesses, services, or other organizations that have 

received such services, which services have been requested, which services have 

been provided, and the cost of the services provided, in the Progress Reports as 

required by Article VI of this VRA. 

c) With the first Progress Report under Article VI of this VRA, TxDOT will submit 

to FHWA a plan for how TxDOT will ensure that roadway, transit, and 

pedestrian/bicycle access to essential services, including but not limited to health 

care facilities, grocery stores, pharmacies, schools, places of worship, and voting 

locations, will be maintained during and after construction in neighborhoods 

where such essential services will be impacted by the Project. In developing the 

access plan, TxDOT will coordinate with local governments and community 

stakeholders to identify access impacts to specific types of services, effective 

alternative routes, and alternative resource locations nearby to ensure that the 

public retains use of these services. 

d) Prior to resuming acquisition and demolition activities on individual parcels, 

TxDOT will review the properties included in the relocation impacts identified in 

the FEIS and ROD. Should TxDOT determine that the proposed acquisition or 

demolition of that specific parcel was not included in the FEIS or ROD, prior to 
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proceeding with the action on the parcel, TxDOT will conduct a re-evaluation 

under 23 CFR 771.129(c) to determine whether a Supplemental Environmental 

Impact Statement (SEIS) is required. This commitment will apply to all segments 

of the Project. This commitment does not apply to the state-funded acquisition of 

any remainder that is voluntarily sold by a property owner to TxDOT pursuant to 

Texas Transportation Code Section 203.0521 and that will not be used in 

connection with the Project. TxDOT will provide information on any acquisition 

or demolition of a parcel that was not included in the FEIS or ROD, including 

state-funded acquisitions that are voluntarily sold by a property owner to TxDOT, 

in the Progress Reports required by Article VI of this VRA. 

e) TxDOT, during final design of each segment of the NHHIP, will evaluate changes 

to the Project (as compared to what was approved in the ROD) that would reduce 

the amount of right-of-way needed and the displacement impacts, especially with 

respect to multi-family housing units, while ensuring that the final design meets 

the project Purpose and Need as described in the ROD. TxDOT will document in 

the Progress Reports as required by Article VI of this VRA instances where rightof-way needs and displacements have been reduced. 

f) TxDOT committed in the ROD to providing $27 million to support affordable 

housing initiatives in the neighborhoods most affected by the project in addition 

to the individual acquisition and relocation compensation provided to 

homeowners, renters and businesses that would be displaced. Through this VRA, 

TxDOT agrees to commit an additional $3 million, for a total of $30 million, to 

affordable housing entities to aid in the implementation of these affordable 

housing initiatives. TxDOT will coordinate with Houston Housing Authority 

(HHA) and develop an opportunity for the public to provide input on how these 

funds might be utilized and distributed. Following the completion of this public 

outreach, TxDOT will prepare a plan and a schedule for disbursement and use of 

the funds and provide to FHWA within 90 days of completion of the plan. As part 

of this plan, TxDOT will describe considerations given to the viability of a 

community land trust(s) as part of affordable housing mitigation. TxDOT will 

include a report on implementation of this paragraph in the Progress Reports 

required by Article VI of this VRA. 

g) TxDOT will discuss with the City of Houston (City) the use of portions of the 

Project’s future surplus right-of-way for affordable and workforce housing as 

developed by third parties in potential partnership with the City, with the 

understanding that any surplus property must be acquired pursuant to TxDOT 

policy. TxDOT will include a report on implementation of this paragraph in the 

Progress Reports required by Article VI of this VRA. 
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Relocations

h) TxDOT will make relocation benefits available to all eligible displacees and not 

deny benefits in cases that would result in exceptional and extremely unusual 

hardship to such a displacee. TxDOT will report to FHWA in each Progress 

Report any displacee who is denied relocation benefits and the benefits denied. 

i) As committed to in the ROD, TxDOT will provide enhanced relocation services 

by conducting workshops with residential property owners and renters who would 

be displaced, including topics such as: 

• Getting to know household members and future goals and ability to 

accomplish such goals; 

• Developing communications that are culture- and context-sensitive;

• Determining needs and preferences;

• Explaining relocation benefits in language used by household, assist with 

relocation interview and explain relocation schedule; 

• Providing assistance in keeping appointments with relocation service 

providers; 

• Supplying information on other federal and state programs offering assistance; 

• Providing counseling to minimize hardships; 

• Explaining the acquisition process; 

• Explaining the relocation process; 

• Explaining the appraisal process; 

• Providing title information and review of documents; 

• Explaining property tax & exemption impacts; 

• Providing moving resources and move planning; 

• Providing first-time homebuyer seminars; 

• Explaining escrow process and title clearing; 

• Explaining how to update voter registration information; 

• Explaining how to get social services and benefits; 

• Explaining how to select a real estate agent;

• Explaining how to check your credit and improve your score; 

• Explaining household budgeting; and 

• Explaining household maintenance. 

TxDOT will prepare a plan for offering enhanced relocation services and submit 

the plan to FHWA within 30 days of completion. TxDOT will document within 

the plan all future discussions held with U.S. Department of Housing and Urban 

Development and HHA regarding enhanced relocation services provided to 

residents of Clayton Homes and Kelly Village. TxDOT will document progress in 

providing the enhanced relocation services described herein, including the number 

of property owners and tenants who have received such services, which services 
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have been requested, which services have been provided, and the cost of services 

provided, in the Progress Reports as required by Article VI of this VRA. 

j) TxDOT shall identify whether its planned ROW acquisition for the NHHIP will 

leave any residential or non-residential owners or renters outside of the Project 

footprint isolated or cut off from the rest of the community and assess whether it 

must provide relocation acquisition or assistance or advisory services pursuant to 

the Uniform Act and associated regulations at 49 CFR Part 24, as well as this 

VRA, to such owners or renters to mitigate such impacts. TxDOT shall report to 

FHWA in the Progress Reports required by VRA Article VI on this issue after the 

conclusion of each acquisition phase of the Project.

Housing 

k) TxDOT will inform all residential and non-residential property owners of the 

option to enter into an Occupancy Agreement for parcels that TxDOT acquires 

well in advance of the start of associated project construction. The Occupancy 

Agreement would allow property owners an option to continue to occupy the 

property after it has been acquired by TxDOT while the property owner gets 

reestablished at their new location until such time the property needs to be 

prepared for the start of associated project construction. 

l) Within 30 days of this agreement, TxDOT will establish a publicly available 

project-specific website. The website will be maintained and updated regularly 

through completion of the Project. The website will provide information in 

English, Spanish, and all other languages for which translation has been requested 

at NHHIP public meetings. The website will include the following information, as 

it becomes available:

• Eligibility requirements for the move out stipend, rent stipend, and 

weatherization and energy efficiency programs; 

• Move out dates for public housing residents, and how public housing residents 

can claim their priority status for housing at the new Houston Housing 

Authority affordable housing developments; 

• How residents and businesses can communicate with TxDOT about common 

construction issues including the clean-up of construction debris, filing 

nuisance dust reports and alerting TxDOT of potential best management 

practice issues such as silt fencing maintenance needs; 

• Information on NHHIP-related jobs and job fairs; 

• Advance notice of specific disruptions during construction, including bus 

reroutes, road closures and detours, trail closures, demolitions, and late-night 

activity; 

• Links to local air quality status (code red days), and monitoring information 

produced by the project; 
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• Flooding mitigation plan development/implementation, including public 

involvement opportunities, and notice of alerts when access to depressed 

sections of the highways is closed in the event of a pump failure; 

• Active transportation options in the project corridor; 

• A link to the Emancipation National Historic Trail Study; 

• School Access and the project ombudsman; 

• Copies of the memoranda with the City of Houston and Harris County and 

periodic progress reports of the implementation of the memoranda; 

• Transit access; and

• Noise barrier decision processes. 

TxDOT will explore alternative ways to communicate the information provided 

through the website to low literacy residents, seniors, and people without internet 

access. This may include outreach and engagement with, among others, leaders of 

community organizations, places of worship, and legal service organizations to 

understand the effective methods to communicate website and critical information 

related to displacements, relocations, housing, and other community impacts.

Community Impacts 

m) Clayton Homes: 

i. TxDOT’s acquisition of Clayton Homes is being undertaken in two phases. 

TxDOT has completed Phase 1, which included units no longer occupied. 

TxDOT will not complete the acquisition of the second phase until all 

residents are relocated from the Phase 2 portion of the property. 

ii. In addition to the Tenant Protection Vouchers being offered by HHA, TxDOT 

will also offer housing relocation supplements (up to market-valued rent) to 

Clayton Homes residents as an alternate relocation path under the Uniform 

Act. This alternate path would not rely on and therefore not exhaust available 

voucher capacity and would be available to all displacees even if they do not 

qualify for HHA Tenant Protection Vouchers. Should a Clayton Homes 

resident choose the alternate relocation path in the interim while the Clayton 

replacement units are being constructed but want to exercise their first right to 

return to the Clayton replacement units which are intended to be voucher 

based, they would be eligible to do so assuming they meet the HHA Tenant 

Protection Vouchers criteria at the time of their return to the replacement 

units. 

iii. TxDOT will work with HHA to maintain active contact information for 

Clayton Homes displacees in order to offer the first option to move to 

replacement dwellings once completed.
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n) Kelly Village: 

i. In addition to the Tenant Protection Vouchers that would be offered by HHA, 

TxDOT will also offer housing relocation supplements (up to market-valued 

rent) to Kelly Village residents as an alternate relocation path under the 

Uniform Act. This alternate path would not rely on and therefore not exhaust 

available voucher capacity and would be available to all displacees even if 

they do not qualify for HHA Tenant Protection Vouchers. Should a Kelly 

Village resident choose the alternate relocation path in the interim while the 

Kelly Village replacement units are being constructed but want to exercise 

their first right to return to the Kelly Village replacement units which are 

intended to be voucher based, they would be eligible to do so assuming they 

meet the HHA Tenant Protection Vouchers criteria at the time of their return 

to the replacement units.

ii. TxDOT will work with HHA to maintain active contact information for Kelly 

Village displacees in order to offer the first option to move to replacement 

dwellings once completed. 

o) TxDOT will coordinate with the City of Houston and homeless services providers 

to develop a plan to assist in addressing the services needed by persons 

experiencing homelessness within the Project limits TxDOT will submit this plan 

to FHWA for review within 30 days of finalization of the plan to address services 

needed by persons experiencing homelessness. 

p) TxDOT will review the strategies in the October 2022 DOT report on “Promising 

Practices for Meaningful Public Involvement in Transportation Decision-Making” 

to continue to meet with stakeholders and consider public input as it proceeds 

through future project development phases. Additionally, TxDOT will continue to 

coordinate with the NHHIP Housing and Communities Focus Group to explore 

and define best practices, identify opportunities to leverage existing programs and 

resources, and develop strategies to achieve positive solutions during project 

implementation. TxDOT will report on what strategies they are using for 

considering public input in each Progress Report as required by Article VI of this 

VRA. To the extent necessary, FHWA will provide feedback on these strategies 

and work with TxDOT on improvements. 

q) TxDOT will hold public engagement meetings—consistent with the public 

meeting provisions, including language access provisions, in its FHWA-approved 

Environmental Handbook for Public Involvement—twice each calendar year in 

each segment while design and construction is ongoing in the segment. TxDOT 

will provide FHWA a list of those invited to these meetings and its methods for 

publicizing the meetings a week before they occur. In advance of these meetings, 

TxDOT will engage affected communities and provide meeting notices in English 

and in the most common languages spoken by individuals with LEP in the 
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communities. During these public meetings, TxDOT will provide the community 

with up-to-date information regarding the Project, informational assistance 

regarding the implementation of this agreement, and will provide an open forum 

for the community to provide feedback, raise issues, and ask questions about the 

Project or TxDOT’s compliance with this agreement. TxDOT will include 

updates of public engagement meetings in the Progress Reports as required by 

Article VI of this VRA. These meetings will be held at times and locations that 

are convenient and accessible for affected communities, and TxDOT will take 

reasonable steps to ensure meaningful access for persons with LEP, including the 

provision of language assistance services free of cost to the persons with LEP. 

TxDOT will consider and incorporate information provided at these meetings, as 

applicable, during the design and construction of the project. 

3. Flooding 

TxDOT understands that transportation infrastructure is integrated into the overall 

drainage pattern of a project and its surrounding areas. A primary objective of the 

NHHIP is to construct a resilient highway system that functions during extreme 

weather events. In the event that the National Oceanic and Atmospheric 

Administration (NOAA) publishes a subsequent version to Atlas 14 for the 

integration of future climate projections, TxDOT will take actions that will use such 

updates to inform the final design should they be published prior to completion of 

design activities as stated below. Another key objective is to improve the status quo 

by reducing flooding in the project area. TxDOT has and will continue to work 

closely with the City of Houston and Harris County Flood Control District to develop 

partnerships that will leverage the roles and responsibilities, as well as the resources, 

of each entity to deliver beneficial drainage improvements throughout the overall 

drainage system, prioritizing areas that are most vulnerable to flooding. 

a) Prior to completing final design for each segment of the NHHIP, TxDOT will use 

Atlas 14 rainfall data to complete drainage studies. Such drainage studies will rely 

on the state of practice HEC-RAS 2D model approach. In the event NOAA 

publishes a subsequent version to Atlas 14 to account for variations in climate 

conditions, TxDOT will incorporate such updates into individual NHHIP projects 

that have not exceeded the 30% detailed design phase. 

b) Consistent with item (a) above, TxDOT will perform a detailed drainage study for 

Segment 1 prior to the final design for Segment 1 and submit it to FHWA with the 

first Progress Report due after finalization of the study under Article VI of this 

VRA. 

c) Before submittal to the Texas Transportation Commission for consideration, 

FHWA must review and approve any and all Final Requests for Proposal for 

Design-Build Contract, which include the specifications that would control the 

design parameters once the design-build contract is executed. 
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d) For any portion of the NHHIP that is delivered by design-build method, TxDOT 

will require design-build contractors to abide by the same drainage design criteria 

that TxDOT will require for design-bid-build projects, in order to reduce the 

latitude of design-build contractors to deviate from drainage design parameters. 

e) As may be requested by Harris County Flood Control District (HCFCD) and 

mutually agreed upon by HCFCD and TxDOT, TxDOT will transfer maintenance 

responsibilities of certain drainage basins and channels to HCFCD within the 

State’s right-of-way.

f) As may be requested by HCFCD and mutually agreed upon by HCFCD and 

TxDOT, TxDOT will enter into funding, design, and construction, operations, and 

maintenance agreements for HCFCD to build and maintain drainage basins that 

would have a broader regional drainage benefit and would supplement and not 

impair the planned NHHIP drainage improvement. 

g) Contingent upon TxDOT receiving the necessary FHWA approvals for the 

NHHIP and upon mutual agreement between TxDOT and the City of Houston , 

TxDOT will enter into an Advanced Funding Agreement with the City in which 

TxDOT will provide $20 million to the City for the design and construction of the 

north canal project. 

h) TxDOT will fund, design and construct its alternative for the south canal. Upon 

mutual agreement between TxDOT and the City, TxDOT would enter into the 

necessary agreements to permit the City to modify TxDOT’s alternative for the 

south canal. 

i) TxDOT will collaborate with HCFCD as the NHHIP drainage improvements are 

being designed so that TxDOT can accommodate future planned improvements to 

be implemented by HCFCD. 

j) TxDOT will collaborate with HCFCD to identify locations to evaluate the design 

and construction of bridges in a manner that would accommodate improvements 

to the drainage channel while taking upstream and downstream channel impacts 

into consideration. 

k) TxDOT will collaborate with HCFCD and other governmental entities for the 

planning, design, construction, operations and maintenance of trails on the upper 

banks of the bayous that are crossed by the NHHIP (see Exhibit A). TxDOT will 

design, fund and construct trails that are within the State’s right of way for the 

NHHIP and such trails would be operated and maintained by a third-party 

governmental entity and would not impair the primary drainage function of the 

bayous. 

l) TxDOT will collaborate with HCFCD to develop a process in which one party 

performs a peer review of the other party’s proposed drainage improvement 
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projects in instances where one party’s drainage design interfaces and influences 

the other party’s drainage design. 

4. Air Quality Mitigation

a) TxDOT will ensure that air monitors in each segment will begin operating one 

year in advance of the commencement of construction on the corresponding 

segment.

b) TxDOT will provide one air monitor in each segment and will monitor for the 

same pollutants in Segment 1 as those as described in the FEIS and ROD for air 

monitors in Segments 2 and 3. 

c) TxDOT will continue to consult with the experts it has retained to assist with air 

monitoring and air monitor siting on an as needed basis as the air monitoring plan 

is implemented in each Segment. 

d) TxDOT will include a report on implementation of this paragraph in the Progress 

Reports required by Article VI of this VRA. 

5. Structural Caps

The NHHIP recommended alternative provides for structural caps in four areas of the 

project. The structural caps provide an exciting opportunity for third party 

collaboration with TxDOT on the full integration of transportation infrastructure in an 

urban environment. Such collaboration allows for the development of partnerships 

between TxDOT, governmental entities and stakeholders and anticipates the creation 

of new spaces for community gathering and recreational use. 

a) TxDOT will design and construct a structural cap along the following: 

i. IH 69 that is located to be centered on and carrying both the METRO light rail 

Red Line and Fannin Street over the interstate main lanes; 

ii. IH 69 that is located to be centered on and carrying both Caroline Street and 

Wheeler Avenue, including their intersection over the interstate main lanes; 

iii. The parallel alignments of IH 69 and IH 45 that is bounded by Lamar Street 

and Commerce Street and carrying Lamar Street, McKinney Street, Walker 

Street, Rusk Street, Capitol Street, METRO’s Purple and Green Lines, Texas 

Avenue, Preston Street, Congress Street, Franklin Street and Commerce Street 

over the main lanes of both interstates and, New Hamilton Street over the IH 

69 southbound main lanes and IH 45 southbound main lanes; and 

iv. IH 45 that is located to be centered on and carrying North Main Street, the 

southbound frontage road and the northbound frontage road over the interstate 

main lanes and managed lanes. 

b) During design, TxDOT will consult with: 
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i. METRO to integrate existing and planned transit across and surrounding each 

cap; and

ii. The City for bicycle and pedestrian transportation across each cap. 

c) TxDOT will fund the design, construction, operations and maintenance of the 

following elements of the structural caps as described in item (a): 

i. Foundations for the structural caps to support the structural capacity needed to 

carry the roads and light rail facilities;

ii. The beams that provide the structural capacity needed to carry the roads and 

light rail facilities;

iii. The drainage elements that meet the applicable drainage criteria to convey 

stormwater runoff for the roads, light rail facilities, and interstates;

iv. The applicable ventilation system for the interstates; and

v. The applicable interior lighting and, fire and life safety systems for the 

interstates.

d) In instances where a third party proposes to fund the design, construction, 

operations and maintenance of amenities to be integrated into the structural caps 

as described in item (a), TxDOT will collaborate with such third party by 

analyzing and providing the baseline structural loading calculations of the 

applicable elements in item (c) that could accommodate proposed third-party 

amenities without modification to the applicable elements in item (c).

e) In instances where a third party proposes to fund the design, construction, 

operations and maintenance of amenities to be integrated into the structural caps 

as described in item (a), TxDOT will collaborate with such third party by 

analyzing and determining the additional amount of structural load calculations 

beyond the baseline calculations for the applicable elements in item (c) that would 

be needed to accommodate proposed third-party amenities.

f) In instances where a third party proposes to fund the design, construction, 

operations and maintenance of amenities to be integrated into the structural caps 

as described in item (a) that exceed the baseline structural load calculations of any 

element in item (c), TxDOT will collaborate with such third party to determine 

the design, construction, maintenance and operation cost increase calculations 

necessary to modify the applicable baseline elements in item (c) to handle the 

additional amount of structural loads as calculated in item (e). Such design, 

construction, maintenance and operation cost increases would be third-party 

funded. 
15

g) TxDOT will establish a work group with other governmental entities to explore 

federal funding sources that would be eligible for third party design and 

construction of amenities to be integrated with the proposed structural caps. 

h) TxDOT will assist in identifying federal funding grant opportunities or other 

sources and required non-state match funding to design and construct open space 

amenities to be integrated with the proposed structural caps. 

i) TxDOT will provide engineering assistance for third party development of 

amenities to be integrated with the proposed structural caps. 

j) Upon mutual agreement, TxDOT will enter into agreements with other 

governmental entities for TxDOT to incorporate into its construction plans the 

design of third-party funded amenities that may be integrated into the proposed 

structural caps either with or after the completion of the accompanying interstate 

project. 

k) Upon mutual agreement, TxDOT will enter into agreements with other 

governmental entities for their operations and maintenance of amenities that may 

be integrated into the proposed structural caps either with or after the completion 

of the accompanying interstate project.

 

6. Parks, Open Space, Trails, and Pedestrian and Bicycle Facilities

The NHHIP provides a once in lifetime opportunity to expand facilities for active 

transportation. Through close coordination with local agencies and stakeholders, the 

project will add trails and increase space for off-street pedestrian and cyclist paths 

within the project limits. These project elements improve the safety of active 

transportation users. 

a) TxDOT will provide design resources to assist third parties in the development of 

a map of potential new trail links within both the existing right-of-way and 

proposed right-of-way and connections terminating outside the state’s proposed 

right-of-way.

b) To the extent feasible, TxDOT will design the NHHIP to accommodate the City 

of Houston’s bike plan (Implementation – Houston Bikeways 

(houstonbikeplan.org)). 

c) TxDOT will fund, design, and construct new trails that are feasible within the 

state’s right-of-way for the NHHIP. Upon mutual agreement, TxDOT will enter 

into agreements with a third party for the third party to maintain and operate such 

trails.

d) TxDOT will work with third parties to identify funding to design and construct 

trail links outside of the state’s right-of-way.
16

e) TxDOT will reconnect Andrew Street over the proposed Downtown Connectors 

in Fourth Ward on the west side of downtown. The Andrew Street reconnection 

will be a pedestrian-bike only crossing. 

f) TxDOT has determined that maintaining the Cleburne Street connection across 

I-69 in Third Ward is feasible and will seek stakeholder and public input to retain 

this connection as part of the NHHIP. 

g) TxDOT will fund, design and construct a combination of a buffer and pedestrian 

sidewalk and bike path, commonly referred to as the pedestrian-bike realm, on all 

local streets that cross either over or under a highway facility of the NHHIP. 

h) Upon mutual agreement with the Houston Housing Authority, TxDOT will 

address the mitigation for the loss of open space resulting from the partial 

acquisition of Kelly Village. TxDOT commits to a 1:1 replacement of open space 

area within the remaining Kelly Village property and will replace all recreational 

facilities and elements located within the open space area that will be impacted by 

the Project.

i) In conjunction with its commitment to supporting affordable housing initiatives as 

described in Article IV.2.f, TxDOT commits to provide $1.5 million to the City of 

Houston Parks and Recreation Department for the development or rehabilitation 

of park facilities and amenities in City parks located in the vicinity of the project. 

Prior to the City’s use of the committed funds, TxDOT will coordinate with the 

City of Houston to seek public input on how best to allocate and apply the 

committed funds. After obtaining such public input, the City must request and 

obtain concurrence from TxDOT before implementing any resulting projects. 

j) TxDOT will evaluate potential alternative pedestrian/bicycle routes to address the 

loss of the existing North Street bridge crossing over IH 45 between Greater 

Heights and Near Northside. TxDOT will provide this evaluation to FHWA in 

the next Progress Report after the evaluation is completed.

k) The Emancipation National Historic Trail Study Act, sponsored by 

Congresswoman Sheila Jackson Lee and passed in January 2020, amended the 

National Trails System Act (16 U.S.C. 1244(c)) by adding the Emancipation 

National Historic Trail (Emancipation Trail).2

 The proposed Emancipation Trail 

“extend[s] approximately 51 miles from the Osterman Building and Reedy Chapel 

in Galveston, Texas, along Texas State Highway 3 and Interstate Highway 45 

North, to Freedmen's Town, then to Independence Heights and Emancipation 

Park in Houston, Texas, following the migration route taken by newly freed 

slaves and other persons of African descent from the major 19th century seaport 

2 Emancipation National Historic Trail Study Act, Pub. L. No. 116-111, § 2, 8 Stat. 134 (2020). 
17

town of Galveston to the burgeoning community of Freedmen's Town, located in 

the 4th Ward of Houston, Texas.”3 

i. TxDOT will assist with federal efforts to develop the Emancipation Trail and 

will evaluate the feasibility of accommodating trail links within the state’s 

right-of-way within the project limits. The estimated completion date of the 

study is Fall of 2023.4 A map showing the draft routes of the Emancipation 

National Historic Trail is attached to this Agreement as Exhibit B.5

ii. TxDOT will accommodate proposed designated trail links that result from the 

Emancipation National Historic Trail Study to the extent such proposed trail 

links are feasible within the state’s right of way for the NHHIP.

iii. TxDOT will place signage and historical marks within the State’s right of way 

for the NHHIP for the proposed designated trail links that result from the 

Emancipation National Trail Study to extent such placement is feasible. 

iv. The reconnection of Andrews Street by the NHHIP over the proposed 

downtown connectors would accommodate the Emancipation Trail within the 

project limits. The reconnection of Andrews Street by the NHHIP is proposed 

to be a pedestrian-cyclist only bridge. 

v. The proposed pedestrian-bike realm on Alabama Street, Elgin Street, Tuam 

Street, McGowen Street and Cleburne Street as part of the NHHIP will 

enhance accessibility to Emancipation Park which is outside and one block 

away from the project boundary. 

vi. TxDOT will participate in the National Park Service’s feasibility study for the 

Emancipation National Historic Trail Study to share how the NHHIP 

pedestrian-bike realm can complement the potential study outcomes and any 

other transportation-related aspects of the Emancipation National Historic 

Trail. 

vii. Upon mutual understanding with the Descendants of Olivewood Inc., TxDOT 

will provide assistance with applying and submitting the Olivewood Cemetery 

for listing in the National Register of Historic Places.

3 Id. See also Emancipation National Historic Trail Feasibility Study, National Park Service, 

https://parkplanning.nps.gov/projectHome.cfm?parkID=456&projectID=95793.

4 Emancipation National Historic Trail Feasibility Study Newsletter, National Park Service, 

file:///C:/Users/JGray1/Downloads/Emancipation%20Newsletter%20Final.pdf. 

5 Maps – Draft Routes Under Study – Emancipation National Historic Trail Feasibility Study, National Park 

Service, https://parkplanning.nps.gov/document.cfm?parkID=456&projectID=95793&documentID=111157. 
18

7. Access During Construction

TxDOT is committed to ensuring safe access to schools and reducing impacts to 

public transit, pedestrian, and bike access within the project area throughout the 

construction phase. TxDOT will continue to communicate with schools, parents, 

neighborhood and community stakeholders, and METRO regarding the construction 

schedule to ensure continued safe pedestrian, bike and transit access during 

construction of the Project. 

a) School access during construction: 

i. In order to ensure that pedestrian and bike access to schools is maintained 

during construction, during the detailed design phase TxDOT will develop 

plans for traffic control detours of pedestrian and cyclist movements, as 

depicted in Exhibit C, showing the locations of schools adjacent to the project 

footprint, existing routes traveled by children to these schools, routes during 

construction, and the anticipated finished condition of pedestrian and cyclist 

routes after construction on the project is completed. 

ii. Where construction of the Project will require pedestrian and bicycle detour 

routes to maintain access to schools, TxDOT commits to bring such 

designated detour routes up to current standards prior to beginning the 

associated construction in order to ensure that students, staff, and the public 

continue to have safe and accessible pedestrian and bicycle paths of travel to 

those schools. 

iii. TxDOT will design and direct its contractor to maintain non-circuitous 

sidewalks to maintain safe pedestrian and cyclist access to schools during and 

after construction. 

iv. TxDOT will work directly with schools to develop parent and school bus 

drop-off and pick-up routes, direct TxDOT contractors to maintain the safe 

operations of these routes during construction, and inform decisions about 

appropriate detour routes with the goal of safety and minimizing increased 

commute times. 

v. TxDOT will maintain communication with school officials for the design of 

access accommodations during the construction phase. 

vi. TxDOT will provide an ombudsman for the schools to communicate concerns 

that arise during construction to TxDOT in order for timely resolution of 

concerns.

vii. During construction, TxDOT will establish and maintain a public website to 

inform the public about bicycle and pedestrian access. The website will 

include maps and ways to contact the ombudsman. 
19

b) Transit access during construction: 

i. TxDOT will obtain METRO’s review and comment of the construction work 

phasing and sequencing of light rail facilities and operations that are impacted 

by construction. 

ii. TxDOT will obtain METRO’s review and comment in instances where a bus 

stop needs to be temporarily relocated during construction. 

c) Traffic management during construction: 

i. TxDOT has established the Innovative Traffic Steering Committee, consisting 

of local government representatives and other stakeholders, to gather input in 

advance of the project on potential traffic phasing and mitigation activities to 

minimize adverse impacts of construction. TxDOT will coordinate with this 

Committee to identify and pursue Federal funds to support such activities and 

will incorporate the input into the construction plan when feasible to 

effectively manage mobility.

ii. TxDOT will provide fourteen (14) calendar days public notices of bus and 

light rail service disruptions due to construction activities. 

iii. TxDOT will post notices of bus and light rail service disruptions on the 

project website. 

8. Meaningful Access for Persons with Limited English Proficiency (LEP) 

The purpose of this provision is to ensure that TxDOT fully complies with Title VI 

meaningful access requirements on the Project. TxDOT commits to the specified 

actions listed in this provision with respect to all individuals with LEP who need or 

request language assistance services, which include interpretation and translation. 

Specifically, TxDOT is committed to communicating clearly and thoroughly with all 

affected individuals about projects from the beginning of scoping through the end of 

construction. This commitment includes providing ready and accurate language 

assistance services to those individuals who need or request it at no cost. 

Additionally, TxDOT commits to ensuring that individuals with LEP are provided 

with timely language assistance services throughout the right-of-way acquisition and 

relocation process for the NHHIP. TxDOT further commits to develop or update 

internal LEP policies, plans, and training for staff and consultants as specified in this 

provision in order to ensure that language assistance services are adequately provided 

and documented on future projects. To effectuate these commitments, in addition to 

the specific required actions below, the Parties will negotiate and finalize an updated 

TxDOT Language Assistance Plan and Policy, consistent with the U.S. Department of 

Justice’s 2002 LEP guidance on updating recipient LEP plans, within one year of the 

effective date of this Agreement. TxDOT will first conduct a language access selfassessment to evaluate and improve its current language access program and ensure 
20

that the Language Assistance Plan, Policy, and related procedures are consistent with 

Title VI.

a) TxDOT will implement its language access program in accordance with Title VI 

and DOT regulations and consistent with Title VI guidance issued by DOT, in 

addition to the actions required by this section. 

b) TxDOT will not rely solely on the use of automatic translation services to 

translate vital print or digital communications. 

c) TxDOT will document, track, and monitor the LEP needs of anyone still to be 

displaced, including displaced residential owners, residential tenants, business 

owners, and business tenants. 

e) TxDOT will make language assistance services available in a timely way for 

relocation and acquisition activities. If language assistance services are delayed

such that individuals with LEP are not receiving the information, benefits, or 

other aspects of the relocation and acquisition activities on a timeframe consistent 

with individuals with non-LEP, then TxDOT will document in the Progress 

Reports as required by Article VI of this VRA instances where the delivery of 

language assistance services were delayed. Such documentation will also include 

the circumstance(s) for the delay, when the requested language assistance services 

were actually provided, and whether the delay resulted in the person with LEP 

being limited in their access to, or missing, any deadlines, benefits, or other 

important aspects of the program. 

f) TxDOT will document future interactions between TxDOT’s resource providers 

and relocation contractors and persons with LEP, including, but not limited to: the 

person’s name, the specific language(s) and dialects needed, how spoken and 

written language needs are identified, date language assistance services are 

requested, date language assistance services are provided, and how language 

assistance services were provided to that person. 

g) No later than 45 calendar days after signing this VRA, TxDOT will provide to 

FHWA for review and comment a Standard Operating Procedure (SOP) for 

TxDOT resource providers, relocation contractors, and TxDOT staff that 

describes the roles and responsibilities for each regarding interactions with 

persons with LEP. The SOP will include procedures for documentation, 

communication, notice of free language assistance services to persons with LEP, 

language access complaints, and issue resolution. FHWA shall provide comments 

within 15 calendar days of receipt of the TxDOT SOP. Within 30 days of receipt 

of FHWA’s comments, TxDOT and FHWA will resolve outstanding comments. 

h) In situations where individuals with LEP prefer to bring interpreters of their 

choosing, after they are told that TxDOT can provide a competent interpreter at 
21

no cost, TxDOT will have an agency-sponsored interpreter present to ensure 

accuracy and completeness of the information presented. 

i) TxDOT will ensure that LEP service resources and relocation contractors provide 

all translated relevant documents and materials, including but not limited to legal 

documents, in the displacee’s preferred language prior to requesting signatures or 

other legal commitments from the displacee. 

j) Within 120 calendar days of signing this VRA, TxDOT will develop and conduct 

LEP training for relevant staff, contractors, and anyone providing language 

assistance services related to the NHHIP on TxDOT’s behalf regarding the 

implementation of the agency’s written language assistance plan. The training 

will include, but not be limited to, language access requirements, the roles and 

responsibilities of consultants, documentation, and communication. The training 

will be reviewed and updated when the SOP required under this VRA is 

completed, and as needed at least every other year. TxDOT will report on the 

training materials provided and the number of TxDOT staff, contractors, or others 

trained in the Progress Reports required by VRA Article VI. 

k) Within 120 days of signing this VRA, TxDOT will conduct a survey to identify 

displaced residents and businesses who have already been relocated under the 

Project in order to assess the sufficiency of translation, interpretation, and other 

language assistance services. Based on the results of that survey, TxDOT will 

notify, both verbally (by phone or in person) and in writing in the respondent’s 

preferred language, those who responded that they did not receive sufficient 

language assistance services that they have the right to supplemental language 

assistance services, and TxDOT will provide such supplemental language 

assistance services to those respondents who request them. Within 60 days of 

signing this VRA, TxDOT will provide to FHWA a draft survey of displaced 

residents and businesses. FHWA will provide comments back to TxDOT within 

15 days of receipt of the draft survey. Within 15 days after receiving FHWA’s 

comments, TxDOT and FHWA will resolve all comments and finalize the survey. 

Within 90 days of identifying through the survey those displaced residents and 

businesses who requested supplemental language assistance services, TxDOT will 

provide such identified displacees with remedial assistance to reduce the potential 

for any disparate impacts. Beginning 150 days after signing this VRA, TxDOT 

will provide a report to FHWA on its efforts detailing its compliance with this 

provision every 60 days until the provision of supplemental LEP services to all 

who request them and any additional activities resulting therefrom are completed. 

l) TxDOT shall provide competent language assistance services to any person who 

had been identified as needing language assistance services or otherwise 

requesting language assistance services to ensure contemporaneous interpretation 

during all public engagement opportunities. Language assistance services will be 
22

made available proactively, at no cost, and in a timely manner for that 

engagement to support the facilitation of meaningful public engagement.

V. Section 508 Compliance 

TxDOT will submit all required plans, reports, and other information required by this 

VRA in a format that complies with the Information and Communication Technology 

Accessibility Standards under Section 508 of the Rehabilitation Act of 1973 (available at 

Revised 508 Standards and 255 Guidelines (access-board.gov)). 

VI. Progress Reports

Beginning 180 days after signing the VRA and every 180 days thereafter, TxDOT will 

submit a Progress Report to FHWA detailing the implementation of TxDOT required 

actions under Article IV of this VRA. Each Progress Report must include an update on 

all required TxDOT Actions: Reducing the NHHIP Footprint During Detailed Design; 

Displacements, Relocations, Housing, and Other Community Impacts; Flooding; Air 

Quality Mitigation; Structural Caps; Parks, Open Space, Trails, Pedestrian and Bicycle 

Facilities; Access During Construction; and Meaningful Access for Persons with Limited 

English Proficiency (LEP). The Progress Reports must include any required information 

specified in this Agreement as outlined in Exhibit D. TxDOT will submit all Progress 

Reports and any other information required by the VRA to the FHWA Texas Division 

Office. TxDOT and FHWA will agree on the Progress Report format prior to submission 

of TxDOT’s first required report. FHWA will review and provide timely comments on 

each progress report to TxDOT.

VII. Progress Meetings

Each year, TxDOT and FHWA shall meet at least once to discuss the progress of the 

implementation of this VRA.

VIII. Abeyance

The FHWA will hold in abeyance further actions regarding the complaints filed in the

matter (described above) during the performance of this Agreement. At any time, should 

TxDOT not perform, or ensure performance, under this Agreement, FHWA will notify 

TxDOT as stated in Article IX of this VRA. 

IX. Enforcement

TxDOT agrees to implement the provisions of this VRA according to the timelines in this 

agreement as summarized in Exhibit D. If TxDOT, through its actions or inaction, fails to 

implement any part of this VRA or fails to cooperate with FHWA documentation and 

information requests, FHWA may invoke its authority pursuant to 49 C.F.R. § 21.13, et 

seq., for failure or threatened failure to comply with Title VI of the Civil Rights Act of 

1964. If at any time FHWA makes such a determination, then FHWA shall notify 

TxDOT in writing. The notice shall include a statement of the basis for FHWA’s 

determination and shall allow TxDOT thirty (30) days to either; (a) explain in writing the 
23

reason for the actions and describe the remedial actions that have been or shall be taken 

to achieve compliance with this Agreement or (b) dispute the accuracy of FHWA’s 

findings. If TxDOT does not respond to the notice, or if, upon review of TxDOT’s 

response, FHWA determines that TxDOT has not complied with the terms of the 

Agreement, FHWA may pursue remedies authorized by law, including, but not limited to, 

issuing a Letter of Finding regarding the Title VI complaints described in Article I of this 

VRA, the withholding of Federal highway funds, and referral to the Department of 

Justice for enforcement action. 49 C.F.R. § 21.13(a); 28 C.F.R. § 42.413(c). 

FEDERAL HIGHWAY ADMINISTRATION

/s/ Shailen P. Bhatt

Shailen P. Bhatt 

Administrator

 Dated: March 6th, 2023 

TEXAS DEPARTMENT OF TRANSPORTATION

/s/ Marc D. Williams

Marc D. Williams, P.E.

Executive Director

 Dated: March 3rd, 2023