July 15, 2021 

Subject: Closure of Complaint #2020-0204 

Dear 

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

In Reply Refer to: HCR-20 

DOT# 2020-0204 

The Federal Highway Administration (FHW A) has resolved your complaint against the City of 

Little Rock, Arkansas. Your complaint, which was received by this office on July 17, 2020, 

alleged that the City of Little Rock violated Title VI of the Civil Rights Act of 1964 (Title VI) 

and its implementing regulations, including Title VI regulations administered by the United 

States Depaiiment of Transpo1iation ( 49 C.F.R. Pa1i 21) and FHW A (23 C.F.R. Paii 200). 

Pati of your complaint alleges that the City of Little Rock never responded to your original 

complaint, which you filed with the city on or ai·ound Mai·ch 29, 2019. In response to this 

allegation, FHW A reached a volunta1y resolution agreement with the Arkansas Depaitmeut of 

Transportation (ARDOT) on April 30, 2021 (enclosed). The agreement pe1iains to ARDOT's 

Title VI oversight responsibility over the City of Little Rock. The agreement requires ARDOT to 

train Little Rock staff on its Title VI program responsibilities and conduct yeai·ly compliance 

reviews of the Little Rock Title VI program. The FHW A Arkansas Division Office will continue 

to conduct Title VI stewardship and oversight over ARDOT and its subrecipieuts of FHW A 

financial assistance. These oversight activities include reviewing ARDOT's annual Title VI 

Goals and Accomplishments rep01is that summarize Title VI compliance reviews conducted for 

subrecipients. Additionally, FHWA will monitor ARDOT's effo1is to implement the te1ms of the 

voluntaiy resolution agreement regarding the City of Little Rock. 

Your complaint also alleges that the City of Little Rock's 12th Street Jump Stait In1provements 

Project discriminates against the African American population in the 12th Street ai·ea of Little 

Rock. You allege that African Americans living south the project ai·ea will not benefit from the 

street improvements that will occur within the project ai·ea. 

After careful consideration, FHW A has dete1mined the allegations and facts in your complaint 

regai·ding the 12th Street Jump Staii hnprovements Project do not meet the minimum criteria 

under which FHW A could establish a case of dispai·ate impact under Title VI. The available 

info1mation is insufficient to show that populations in the project vicinity, distinguishable by 

race, color, or national origin, will be disparately impacted. Specifically, FHW A did not identify 

any disparity between the populations within the project area and populations immediately south 

of the project ai·ea. Data from the U.S. Census Bureau shows that African Americans represent 
the racial majority within the project area and within an area immediately south of the project 

area. For these reasons, your complaint against the 12th Street Jump Start Improvements Project 

will be dismissed by FHWA and closed with no further action. Nevertheless, as mentioned 

above, FHWA will continue to monitor ARDOT’s compliance with Title VI. 

Please be advised that no one may intimidate, threaten, coerce, or engage in other discriminatory 

conduct against anyone because he or she has either taken action or participated in an action to 

secure rights protected by the civil rights requirements that we enforce. Any individual alleging 

such harassment or intimidation may file a complaint with the FHWA. 

Thank you for bringing this matter to our attention. If you have any questions, feel free to 

contact Nichole McWhorter at (202) 366-1396. 

Sincerely, 

Nichole McWhorter 

Title VI Team Leader 

Office of Civil Rights 

Enclosure: ARDOT Voluntary Resolution Agreement 

cc: Vivien N. Hoang, Division Administrator, FHWA Arkansas Division Office 

Peter A. Jilek, Deputy Division Administrator, FHWA Arkansas Division Office

 David T. Blakeney, Civil Rights, FHWA Arkansas Division Office 

Jim Esselman, Senior Attorney-Advisor, FHWA Office of Chief Counsel 

Irene Rico, Associate Administrator, FHWA Office of Civil Rights 

Irene Marion, Director, Departmental Office of Civil Rights 

Yvette Rivera, Associate Director, Equity and Access Division, Departmental Office of Civil 

Rights 

Barbara Doughtery, Deputy Director, Departmental Office of Civil Rights 

Page 2 of 2 
Title VI Resolution Agreement 

I. Purpose 

The Federal Highway Administration (FHW A) and the Arkansas Department of Transportation 

(ARDOT) hereby enter this Title VI Resolution Agreement (Agreement) regarding the timely 

processing of complaints filed under Title VI ofthe Civil Rights Act of 1964 (Title VI). 

II. Background 

On or around March 29, 2019, the City of Little Rock, Arkansas (City) received a Title VI 

complaint regarding the City's 12th Street Jump Start Improvements project. 

On March 13, 2020, ARDOT received a letter containing the original Title VI complaint sent to 

the City on March 29, 2019. In the letter, the complainant alleged the City had not responded 

timely to the complaint. 

On March 16, 2020, ARDOT forwarded the letter and complaint to FHWA. 

III. Applicability 

Title VI provides no person in the United States shall, on the grounds ofrace, color, or national 

origin, be excluded from participation in, be denied the benefits of, or be subjected to 

discrimination under any program or activity receiving Federal financial assistance. See 42 

U.S.C. § 2000d. The U.S. Department of Transportation's (USDOT) Title VI regulations at Title 

49 of the Code of Federal Regulations (C.F.R.), Part 21, provide that USDOT 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 ofthe objectives ofthe program with respect to individuals of a particular race, 

color, or national origin. 49 C.F.R. § 21.5(b)(2). ARDOT is a recipient of Federal financial 

assistance from FHW A. 

USDOT and its Operating Administrations are required to promptly investigate Title VI 

complaints and, where appropriate, review the pertinent practices, policies, and circumstances 

under which the possible noncompliance occurred. See 49 C.F .R. § 21.11 ( c ). FHW A requires 

State Departments of Transportation (State DOTs) to take specific steps in compliance with Title 

VI. Specific steps include developing procedures for prompt processing of complaints, reviewing 

subrecipients of Federal-aid highway funds, and conducting Title VI training. See 23 C.F.R. § 

200.9. FHWA issued guidance regarding Title VI complaint processing in its 2017 Questions 

and Answers for Complaints Alleging Violations ofTitle VI ofthe Civil Rights Act of1964. The 

guidance instructs recipients to forward all complaints to FHWA and provides that FHWA is 

responsible for all determinations regarding whether to accept, dismiss, or transfer Title VI 

complaints filed against State DOTs or subrecipients ofFederal financial assistance. 

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IV. Effective Date, Term of the Agreement, and Timelines 

The term ofthis Agreement (Term) shall commence on the date that both ARDOT and FHWA 

have signed this document and end once ARDOT has satisfactorily completed all actions in 

Section V ofthis Agreement. IfARDOT is unable to comply with the timelines in this 

Agreement, then ARDOT may request an extension, in writing, which shall not be unreasonably 

withheld. 

IfARDOT, through its actions or inaction, fails to implement any part ofthis Agreement 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 ofthe Civil Rights Act of 1964. Ifat any time FHWA makes such a determination, then 

FHWA shall notify ARDOT in writing. The notice shall include a statement ofthe basis for 

FHWA's determination and shall allow ARD OT fifteen ( 15) days to either; (a) explain in writing 

the 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 

ARDOT does not respond to the notice, or if, upon review of ARDOT' s response, FHWA 

determines ARDOT has not complied with the terms ofthe Agreement, FHWA may pursue its 

statutory and/or contractual remedies. Should a violation ofthe agreement occur, the time period 

ofthe agreement will be extended for an amount oftime equal to the time FHWA determines a 

violation occurred to the time ofthe FHWA approved remedy. 

Nothing in this Agreement shall be construed as creating any liability in favor of any third party 

or parties against FHWA or ARDOT. 

V. ARDOT Actions 

As a primary recipient of Federal-Aid Highway continuing program funding from FHWA, 

ARDOT is responsible for its subrecipients implementing FHWA Title VI Program 

requirements. See 28 C.F.R. § 42.410. This requires ARDOT to ensure that its subrecipients are 

trained on and follow Title VI program requirements, including timely complaint processing. 

To address concerns regarding timely complaint processing, ARDOT agrees to undertake the 

following actions: 

• Enter into a separate agreement with the City for the purpose of establishing procedures 

that ensure the City processes Title VI complaints in compliance with current FHWA 

requirements and guidance. The separate agreement shall be executed no later than 

May 31, 2021. IfARDOT is unable to reach an agreement with the City or if such an 

agreement is ever terminated, ARDOT shall notify the FHWA-Arkansas Division 

promptly in writing. This written notification shall contain proposed alternative remedies 

for ensuring Title VI compliance. Any proposed alternative remedies are subject to final 

approval by FHWA. 

• Provide training to City staff no later than October 31, 2021, on FHWA requirements 

related to the processing ofTitle VI complaints. Those requirements include the 

expectation that Title VI complaints be promptly forwarded to ARDOT and that the City 

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maintain a complaint log. 

• Conduct a Title VI compliance review ofthe City during each federal fiscal year 2022, 

2023, and 2024. 

• Develop a written plan no later than December 1, 2021, for ensuring all ARDOT 

subrecipients are trained and notified oftheir FHW A Title VI program requirements. 

• Beginning on December 1, 2021, ARDOT shall submit a written progress report annually 

for three years to the FHWA-Arkansas Division. The reports shall include a summary of 

all the activities required in this Agreement. Additionally, the reports shall include a 

summary of activities related to its Title VI Program oversight of subrecipients. 

VI. Modification of Agreement 

This Agreement may be modified only by agreement of both FHW A and ARDOT after 

negotiating in good faith. 

VII. Subrecipient Agreement 

With respect to the separate agreement ARDOT is directed to enter into with the City in Section 

V ofthis Agreement, no provision in such agreement will affect ARDOT' s obligations to FHW A 

or supersede any provision described herein to the extent that separate agreement conflicts with 

any provision contained herein or Federal law or regulations. 

VIII. Intimidation or Retaliatory Acts Prohibited 

Neither ARDOT 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 such individual has made a complaint, testified, assisted, or participated in any manner 

in an investigation, proceeding, or hearing pursuant to 49 C.F .R. Part 21. 

FEDERAL HIGHWAY ADMINISTRATION 

· 1en N. Hoang, P .. 

Arkansas Division Administrator 

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ARKANSAS DEPARTMENT OF TRANSPORTATION 

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