U.S.Department 1200 New Jersey Avenue, SE. 

of Transportation 

Federal Highway 

Administration 

Washington, DC 20590 

In Reply Refer to: HCR-20 

DOT# 2019-0167 

September 2, 2020 

Dear_, 

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

Department ofTransp01tation (NDOT) and Elko County. Your complaint, which was received 

by this office on March 4, 2019, alleged that NDOT and Elko County 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 Department of Transportation (49 C.F.R. Prut 21) 

and FHWA (23 C.F.R. Pait 200). The FHWA Office of Civil Rights accepted your complaint for 

investigation on July 9, 2019 and conducted a site visit on Janua1y 14, 2020. 

FHWA reached a voluntruy resolution agreement with NDOT on August 27, 2020 ( enclosed). 

The agreement pe1tains to the repair and maintenance of Lee Road. This letter closes FHW A's 

investigation of your complaint. 

Please be advised that no one may intimidate, threaten, coerce, or engage in other discriminato1y 

conduct against anyone because he or she has either taken action or pruiicipated 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 FHW A. 

Sincerely, 

cc: Susan Klekar, Division Administrator, FHW A NV Division Office 

Greg Novak, Assistant Division Administrator, FHWA NV Division Office 

Rhonda Motley, Civil Rights Program Manager, FHW A NV Division Office 
Jim Esselman, Senior Attorney-Advisor, FHWA Office of Chief Counsel 

Yvette Rivera, Associate Director, Equal Employment Opportunity Programs Division, 

Departmental Office of Civil Rights 

 Kevin Resler, National Title VI Program Coordinator, FHWA Office of Civil Rights 

Page 2 of 2 
Voluntary Resolution Agreement 

I. Purpose 

The Federal Highway Administration (FHWA) and the Nevada Department of Transportation 

(NDOT) hereby enter into this Voluntary Resolution Agreement (Agreement) regarding the 

maintenance of Elko County Road 713, known as Lee Road, to resolve allegations against 

NDOT of noncompliance with Title VI of the Civil Rights Act of 1964 (Title VI). In entering 

into this Agreement, FHWA is not making a noncompliance finding against NDOT, and NDOT 

is not admitting a violation of Title VI. 

II. Background 

A. On March 4, 2019, FHWA received a Title VI complaint against NDOT and Elko 

County. The complaint alleges that the state and county discriminates against the Native 

Americans living on the South Fork Band Reservation by not adequately maintaining 

roads near the reservation, including Lee Road. On January 14, 2020, the FHWA Office 

of Civil Rights conducted a site visit and interviewed NDOT staff, Elko County staff, and 

members of the South Fork Bank Council. 

B. The South Fork Reservation is about 25 miles southeast of the City of Elko. State Route 

228 connects the South Fork Reservation area to Elko via State Route 227. Two county 

roads – Lee Road and Woods Lane – connect the reservation to State Route 228. Lee 

Road connects State Route 228 to the main entrance of the reservation, while Woods 

Lane connects to State Route 228 on the southern end of the reservation. 

C. In the early 1990s, a dispute between Elko County and the South Fork Band Council led 

the band council to restrict public access to roads going through the South Fork 

Reservation. In response, the Elko County Board of Commissioners voted on November 

5, 1992 to relinquish any property rights they might have to roads within the boundaries 

of the South Fork Band Reservation and to discontinue road service within the 

boundaries of the reservation. 

D. Lee Road starts at State Route 228 and runs about one mile to the entrance of the South 

Fork Band Reservation. This portion of Lee Road has not been maintained by Elko 

County for at least 21 years. 

E. On July 10, 2020, NDOT entered into an agreement with Elko County for the repair and 

maintenance of Lee Road. This agreement titled “Agreement for Road Repair and 

Maintenance” is incorporated into this Agreement as Appendix A. 

III. Applicability 

Title VI provides that no 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 subjected to 

discrimination under any program or activity receiving Federal financial assistance. 42 U.S.C. 
2000d. Title 49 of the Code of Federal Regulations (CFR), Part 21, implements Title VI for the 

U.S. Department of Transportation (DOT) and provides that DOT 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. 49 CFR § 21.5(b)(2). NDOT is a Recipient of Federal financial assistance from the 

FHWA. 

IV. NDOT Actions 

As a primary recipient of Federal-Aid Highway funding from FHWA, NDOT is responsible for 

implementing FHWA Title VI Program requirements. See 23 CFR § 200.3. NDOT is solely 

responsible for effectuating the actions described in this Agreement by taking the following 

actions: 

A. Ensure Lee Road is repaired by September 1, 2020 pursuant to the terms of NDOT’s 

agreement with Elko County (Appendix A). NDOT shall notify the FHWA-Nevada 

Division of repair completion by submitting a written summary of the completed repair 

work along with photographs of the repairs no later than October 1, 2020. 

B. Ensure Lee Road is regularly maintained pursuant to the terms of NDOT’s agreement 

with Elko County (Appendix A). 

C. NDOT shall send written progress reports to the FHWA-Nevada Division annually for 

three years beginning October 1, 2021. The reports will include a summary of all 

activities related to the maintenance of Lee Road between State Route 228 and the 

boundary of the South Fork Reservation. Further, NDOT will cooperate with FHWA 

regarding all additional requests for documentation, pursuant to 49 C.F.R. § 21.9, et seq. 

D. If the agreement between NDOT and Elko County (Appendix A) is ever terminated, 

NDOT shall notify the FHWA-Nevada 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. 

V. Modification of Agreement 

This Agreement may be modified by mutual agreement of both FHWA and NDOT after 

negotiating in good faith and writing. 

VI. Third-Party Agreement 

FHWA acknowledges that NDOT has entered into a separate agreement with Elko County 

(Appendix A) for purposes of implementing this Agreement, and that Elko County under the 

separate agreement will carry out actions for the repair and maintenance of Lee Road. No 

provision in such agreement will (1) affect NDOT’s obligations to FHWA, generally, or (2) 
supersede any provision described herein to the extent NDOT’s third-party agreement conflicts 

with any provision contained herein or Federal law or regulation. 

VII. Intimidation or Retaliatory Acts Prohibited 

Neither NDOT 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. 

VIII. Compliance 

FHWA may review NDOT’s compliance with this Agreement at any time. If FHWA believes 

NDOT has failed to comply in a timely manner with any requirement of this Agreement, FHWA 

will so notify NDOT in writing and will attempt to resolve the issue or issues in good faith. 

IX. Abeyance 

The FHWA will hold in abeyance the Letter of Finding regarding the complaint filed in the 

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

not perform, or ensure performance, under this Agreement, FHWA will notify NDOT as stated 

in section VIII above. Should NDOT fail to remedy the noncompliance issue within 30 days of 

notification, FHWA will issue the Letter of Finding and take such other actions as necessary to 

ensure NDOT’s compliance with Title VI. 

FEDERAL HIGHWAY ADMINISTRATION 

NEVADA DEPARTMENT OF TRANSPORTATION 

July 29, 2020

08/27/2020
Appendix A: 

AGREEMENT FOR ROAD REPAIR AND MAINTENANCE 
AGREEMENT FOR ROAD REPAIR ANP MAINTENANCE 

This Agreement for road repair and maintenance {Agreement) is entered between the Nevada 

Department ofTransportation (NDOT) and Elko County, a political subdivision of the State of 

Nevada, (County). 

I. Recitals 

1. NDOT receives federal financing assistance through the United State Department 

ofTransportation for road projects within the state of Nevada. 

2. NOOT provide a portion of those funds to County for local road projects. NOOT is 

responsible to assure that an entities receiving federal financing assistance funds 

are in compliance with all federal statutes and regulations. 

3. As such, the parties agree to the following terms and conditions for the 

maintenance and repair of lower Lee Road: 

II. Terms of Agreement 

4. Description of Road. 

Lower Lee Road starting at S.R. 228 to the border of Lee Reservation (road). 

5. Repair. 

County agrees to complete all repairs on the road on or before September 1, 2020. 

All repairs will be photographed and sent to NDOT and FHWA within 10 days of 

completing all repairs to the road. 

6. Maintenance. 

County agrees to maintain the road in the same manner as similarly situated roads 

within the county, including the following: 

a. County will log all maintenance to the site, and retain all maintenance records for 

NDOT and FHWA review upon request. 

b. Maintenance for the road includes, but is not limited to, snow removal, pavement 

preservation, debris removal and repairs equal to similariy situated roads within 

Elko County. 

7. No Admissions. 

This Agreement is not an admission, concession, or evidence that County is not in 

compliance with any applicable statute, regulation, or other requirement, or otherwise 

liable for violating any applicable federal statute or regulation. 

8. Binding on Successors. 

This Agreement is binding on County and its successors, heirs, transferees, and 

assigns. 

9. Costs. 

Each Party to this Agreement shall bear its own legal and other costs incurred in 

connection with this matter, including the preparation and performance of this 

Agreement. 
10. No Additional Releases. 

This Agreement is intended to be for the benefit of the Parties only, and by this 

instrument the Parties do not release any claims against or by any other person or 

entity. 

11. Effect of Agreement. 

This Agreement constitutes the complete agreement between the Parties. All 

material representations, understandings, and promises of the Parties are contained 

in this Agreement. Any modifications to this Agreement shall be set fortt, in writing 

and signed by all Parties. 

12. Execution of Agreement and Effective Date. 

The Agreement shall become effective upon the date of signing of this Agreement. 

13. Disclosure. 

NDOT places no restriction on the publication of the Agreement. In addition, NDOT 

may be required to disclose material related to this Agreement to any person upon 

request consistent with the applicable provisions of the Freedom of Information Act. 

14. Authorizations. 

The individual(s) signing this Agreement on behalf of County represent and warrant 

that they are authorized by County to execute this Agreement. The individual(s) 

signing this Agreement on behalf of NDOT represent and warrant that they are 

signing this agreement in their official capacities and that they are authorized to 

execute this Agreement. 

Nevada Department of Transportation 

Agency