and Research Program that is part of the Consolidated Planning Grant transferred from FTA to the Federal Highway Administration (FHWA). In 2010, were six public transportation systems that received Section 5311 funding for rural general public transportation service. The rural public transportation systems operated fixed route and demand response services. There were 30 entities that received Section 5310 funding, the Elderly Individuals and Individuals with Disabilities Program. There were 69 Section 5310 funded vehicles in operation that had remaining federal interest, and FTA and UDOT funded approximately 15 new vehicles annually. were nine recipients of Section 5316 funding, Job Access Reverse Commute Program (JARC) and nine recipients of Section 5317 funding, New Freedom. UDOT did not have any Section 5305, Metropolitan Planning and State Planning and Research Program, or Section 5307, Urbanized Area Formula Program, subrecipients, at the time of the Compliance Review. With the exception of the Section 5309 program, PTT is responsible for ensuring the fair and equitable distribution of federal funds within the State, announcing the program and availability of funds, developing a process to solicit, review, and approve funding applications, providing management and technical assistance to applicants and grantees, and administering and monitoring contracts. PTT functions with support from UDOT’s Civil Rights Department, Procurement Department, Consultant Services Department, and Comptroller’s Office. PTT currently functions with five full-time positions. UDOT’s Title VI Coordinator works with PTT to implement the FTA Title VI requirements. According to the
C. The agency will make it to the public that those person or persons of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation.” 4.9.2 Title VI Program Plan: All UDOT offices (including the central and field offices), program areas, field divisions, and subrecipients are required to adhere to the programs established by the UDOT Title VI Plan. The Title VI plan is administered and monitored by the Department’s Title VI Coordinator. The Title VI plan responds to Title VI of the Civil Rights Act of 1964, which prohibits discrimination “on the grounds of race, color, creed, national origin, sex, age, or disability.” It is also in compliance with the Civil Rights Restoration Act of 1987 that established that Title VI is applicable to all programs and activities of federal aid recipients and contractors, whether those programs and activities are federally funded or not. The Title VI Coordinator is in the Civil Rights section of the Construction Division and has designees in several offices throughout the Department. The program plan establishes each designee’s and department’s responsibilities for ensuring the adequate distribution of Title VI information, monitoring and documentation of each department’s conduct, resolution of any deficiencies, and preparation of an annual report submitted to the USDOT, FTA, and FHWA on Title VI accomplishments. As noted below, UDOT’s State Management Plan (SMP) did not include all the elements required in a Title VI Notification to Beneficiaries: Elements Required in Title VI Notification (Per FTA Circular 4702.1A Chapter IV Section 5.a) Included in UDOT SMP? A statement that the agency operates programs without regard to race, color, and national origin Yes A description of the procedures that members of the public should follow in order to request additional information on the recipient’s nondiscrimination obligations No A description of the procedures that members of the public should follow in order to file a discrimination complaint against the recipient. No At the time of the Compliance Review site visit, the SMP available on UDOT’s website was dated July 2009 and marked as an Administrative Draft.
of Civil Rights a list of active Title VI complaints pertaining to UDOT or its subrecipients and written procedures that ensure all Title VI complaints, investigations and lawsuits will be properly recorded and tracked. Notice to Beneficiaries of Protection Title VI D VI Notification Deficiencies UDOT must submit to the FTA Opportunity Specialist in FTA’s Headquarters Office of Civil Rights an updated Notice to Beneficiaries that includes all the elements required by FTA Circular 4702.1a. UDOT must provide documentation that it has distributed the revised Notice to the public in a manner other than its website. UDOT must document that its subrecipients have distributed an updated Notice to Beneficiaries that includes all the required elements. 90 Days Annual Title VI Certification and Assurance ND