TITLE VI COMPLIANCE REVIEW

OF THE

Nevada Department of Transportation (NDOT)

Carson City, Nevada

Final Report

March 2011

Prepared For

U.S. DEPARTMENT OF TRANSPORATION

FEDERAL TRANSIT ADMINISTRATION

OFFICE OF CIVIL RIGHTS

Prepared By

THE DMP GROUP, LLC

2233 Wisconsin Avenue NW

Suite 405

Washington, DC 20007

Table of Contents

I. GENERAL INFORMATION 1

II. JURISDICTION AND AUTHORITIES 2

III. PURPOSE AND OBJECTIVES 3

IV. BACKGROUND INFORMATION 5

V. SCOPE AND METHODOLOGY 8

VI. FINDINGS AND RECOMMENDATIONS 14

1. Inclusive Public Participation 15

2. Language Access to LEP Persons 20

3. Title VI Complaint Procedures 22

4. Record of Title VI Investigations, Complaints, and Lawsuits 25

5. Notice to Beneficiaries of Protection Under Title VI 26

6. Annual Title VI Certification and Assurance 28

7. Environmental Justice Analysis of Construction Projects 29

8. Submit Title VI Program 30

9. Statewide Planning Activities 34

10. Program Administration 38

11. Providing Assistance to Subrecipients 41

12. Monitoring Subrecipients 44

VII. SUMMARY OF FINDINGS AND CORRECTIVE ACTIONS 47

VIII. ATTENDEES 50

I.  GENERAL INFORMATION

Grant Recipient: Nevada Department of Transportation (NDOT)

City/State: Carson City, Nevada

Grantee Number: 1625

Executive Official: Ms. Susan Martinovich, P.E.

Director

Nevada Department of Transportation

1263 South Stewart Street

Carson City, NV 89701

On-Site Contact: Norma Norman, J.D., Civil Rights Officer

Report Prepared By: THE DMP GROUP, LLC

2233 Wisconsin Avenue NW

Washington, DC 20007

Site Visit Dates: July 27 – 29, 2010

Compliance Review

Team Members: John Potts, Lead Reviewer

Donald Lucas, Reviewer

Khalique Davis, Reviewer

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. The Nevada Department of Transportation (NDOT) 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 the following:

·  Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d).

·  Federal Transit Laws, as amended (49 U.S.C. Chapter 53 et seq.).

·  Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601, et seq.).

·  Department of Justice regulation, 28 CFR part 42, Subpart F, “Coordination of Enforcement of Nondiscrimination in Federally-Assisted Programs” (December 1, 1976, unless otherwise noted).

·  DOT regulation, 49 CFR part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964” (June 18, 1970, unless otherwise noted).

·  DOT Order 5610.2, “U.S. DOT Order on Environmental Justice to Address Environmental Justice in Minority Populations and Low-Income Populations,” (April 15, 1997).

·  DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficient Persons, (December 14, 2005).

·  FTA Circular 4702.1A, “Title VI and Title VI-Dependent Guidelines For Federal Transit Administration Recipients”, May 17, 2007.

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 NDOT’s Title VI Program was necessary.

The Office of Civil Rights authorized The DMP Group, LLC to conduct the Title VI Compliance Review of NDOT. The primary purpose of this Compliance Review was to determine the extent to which NDOT has met its General Reporting and Program-Specific Requirements and Guidelines, in accordance with FTA Circular 4702.1A, “Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients”. Members of the Compliance Review team also discussed with NDOT the requirements of the DOT Guidance on Special Language Services to Limited English Proficient (LEP) Beneficiaries that is contained in Circular 4702.1A. The Compliance Review had a further purpose to provide technical assistance and to make recommendations regarding corrective actions, as deemed necessary and appropriate. The Compliance Review was not an investigation to determine the merit of any specific discrimination complaints filed against NDOT.

Objectives

The objectives of FTA’s Title VI Program, as set forth in FTA Circular 4702.1A, “Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,” are:

·  Ensure that the level and quality of transportation service is provided without regard to race, color, or national origin;

·  Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations;

·  Promote the full and fair participation of all affected populations in transportation decision making;

·  Prevent the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations;

·  Ensure meaningful access to programs and activities by persons with limited English proficiency.

The objectives of Executive Order 13166 and the “DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries” are for FTA grantees to take reasonable steps to ensure “meaningful” access to transit services and programs for limited English proficient (LEP) persons.

IV.  Background Information

The Nevada Department of Transportation (NDOT) is a state agency that plans, develops, and maintains the statewide transportation network in Nevada. The Governor of the State of Nevada designated NDOT as the agency to administer and manage the Federal Transit Administration (FTA) funded programs in Nevada.

The Transit and Small Urban Section within NDOT’s Planning Division is responsible for administering and managing the Section 5303, 5304, 5309, 5310, 5311, 5316, and 5317 programs. There are five positions within the Transit and Small Urban Section, including the Manager, the Transit Planning Coordinator, and three Transit Planners. Several divisions within NDOT support the Transit and Small Urban Section’s administration and management of the FTA programs: Accounting, Contract Compliance, Internal Audit, and Human Resources. The State Attorney General and the Department of Administration’s Purchasing Division also assist in the administration and management of the FTA programs.

The Contract Compliance Manager within NDOT’s Contract Compliance division is designated as the NDOT Title VI Coordinator. For all Title VI matters, the Contract Compliance Manager reports to the NDOT Civil Rights Officer who reports directly to the Director of NDOT.

In 2010, there were 15 FTA subrecipients, including ten municipalities and five private non-profit entities, which received Section 5311 funding for rural general public transportation service. The subrecipients operated demand response service open to the general public, intercity bus service, and fixed-route service with complementary ADA paratransit service. At the time of the Compliance Review, there were no transit facilities in the state constructed with Section 5311 funds.

There were eight subrecipients that received Section 5310 funding, the Elderly Individuals and Individuals with Disabilities Program. Subrecipients included private non-profit, public, and tribal organizations. NDOT uses Section 5310 funding primarily for vehicles and purchase of service arrangements, respectively. There were 69 Section 5310 funded vehicles in operation that had remaining federal interest and FTA and NDOT fund approximately 15 new vehicles annually.

There were two subrecipients of Section 5316 funding, Job Access Reverse Commute Program (JARC) and one subrecipient of Section 5317 funding, New Freedom.

Prior to 2007, NDOT provided Section 5307 funding, the Urbanized Area Formula Program, for operating and capital assistance to the Carson City Metropolitan Planning Organization (MPO). NDOT discontinued the practice of applying for Carson City MPO’s urban funds and the Carson City MPO is now a direct recipient of FTA Section 5307 funds.

NDOT had one active ARRA grant. Projects funded by that grant were:

·  Purchase 46 buses

·  Purchase 22 bus shelters

·  Construction of a fuel station for the Laughlin facility

·  Purchase equipment

A demographic profile of the state of Nevada from the 2000 Census, as presented on the following table, showed that 75.2 percent of the population was White non-Hispanic, 6.8 percent was Black, 19.7 percent was Hispanic, 4.5 percent was Asian, and 1.3 percent was American Indian.

Table 1 – Demographics of the NDOT Service Area

Source: 2000 U.S. Census

Racial/ Ethnic Group /
Las Vegas
/
Carson City
/
Reno
/
Rest of Nevada
/
Total
Number / Percent / Number / Percent / Number / Percent / Number / Percent / Number / Percent
White
/ 334,230 / 69.9 / 44,744 / 85.3 / 139,793 / 77.5 / 983,119 / 76.4 / 1,501,886 / 75.2
Black
/ 49,570 / 10.4 / 946 / 1.8 / 4,651 / 2.6 / 80,310 / 6.2 / 135,477 / 6.8
American Indian and Alaska Native
/ 3,570 / 0.7 / 1,259 / 2.4 / 2,271 / 1.3 / 19,320 / 1.5 / 26,420 / 1.3
Asian
/ 22,879 / 4.8 / 930 / 1.8 / 9,555 / 5.3 / 56,902 / 4.4 / 90,266 / 4.5
Hawaiian/Pacific Islander
/ 2,145 / 0.4 / 76 / 0.1 / 1,004 / 0.6 / 5,201 / 0.4 / 8,426 / 0.4
Other Race
/ 46,643 / 9.7 / 3,391 / 6.5 / 16,712 / 9.3 / 92,608 / 7.2 / 159,354 / 8.0
Two or More
/ 19,397 / 4.1 / 1,111 / 2.1 / 6,494 / 3.6 / 49,426 / 3.8 / 76,428 / 3.8
Hispanic Origin[1]
/ 112,962 / 23.6 / 7,466 / 14.2 / 34,616 / 19.2 / 238,926 / 18.6 / 393,970 / 19.7

Total Population

/ 478,434 / 100% / 52,457 / 100% / 180,480 / 100% / 1,286,886 / 100% / 1,998,257 / 100%

Limited English Proficiency

/ 90,656 / 18.9 / 5,205 / 9.9 / 31,185 / 17.3 / 200,762 / 15.6 / 205,685 / 10.5

Low-Income

/ 56,053 / 11.9 / 4,923 / 10.0 / 22,232 / 12.6 / 420,659 / 32.7 / 316,593 / 15.8

V. SCOPE AND METHODOLOGY

Scope

The Title VI Compliance Review of NDOT examined the following requirements as specified in FTA Circular 4702.1A:

1.  General Reporting Requirements and Guidelines - all applicants, recipients, and subrecipients shall maintain and submit the following:

a.  Annual Title VI Certification and Assurance;

b.  Title VI Complaint Procedures;

c.  Record of Title VI Investigations, Complaints, and Lawsuits;

d.  Language Access to LEP Persons;

e.  Notice to Beneficiaries of Protection under Title VI;

f.  Submit Title VI Program;

g.  Environmental Justice Analysis of Construction Projects; and

h.  Inclusive Public Participation.

2.  Program-Specific Requirements and Guidelines for State DOTs and Other Administering Agencies - State DOTs and Other Administering Agencies, administering Elderly Individuals and Individuals with Disabilities, Rural and Small Urban Area, Job Access and Reverse Commute (JARC), and New Freedom funding programs, as well as designated recipients in large urbanized areas for JARC and New Freedom, shall also submit the following:

a.  A copy of procedures to certify that the statewide planning Process is in compliance with Title VI;

b.  A description of the procedures the agency uses to pass through FTA financial assistance in a non-discriminatory manner;

c.  A description of the procedures the agency uses to provide assistance to potential subrecipients in a non-discriminatory manner;

d.  A description of how the agency monitors its subrecipients for compliance with Title VI and the results of the monitoring.

Methodology

Initial interviews were conducted with the FTA Headquarters Civil Rights staff and the FTA Region IX Civil Rights Officer to discuss specific Title VI issues and concerns regarding NDOT. An agenda letter covering the Review was sent to NDOT advising it of the site visit and indicating additional information that would be needed and issues that would be discussed. The Title VI Review team focused on the compliance areas that are contained in FTA Title VI Circular 4702.1A that became effective on May 13, 2007. These compliance areas are: (1) General Reporting Requirements and Guidelines; and (2) Program-Specific Requirements and Guidelines for State Departments of Transportation and Other Administering Agencies. The General Reporting Requirements and Guidelines now include implementation of the Environmental Justice (EJ) and Limited English Proficiency (LEP) Executive Orders.

NDOT was requested to provide the following information regarding the Title VI Requirements and Guidelines of FTA Circular 4702.1A:

·  List of all NDOT subrecipients by FTA program area, e.g., FTA Section 5307, 5309, 5310, 5311, 5316, and 5317 subrecipients.

·  A map or chart of the distribution of NDOT administered FTA Section 5307, 5309, 5310, 5311, 5316, and 5317 funding throughout the State. The areas covered by each subrecipient and the dollars awarded in the past three years should be noted, as well as the number of vehicles, where appropriate. The map or chart should also identify areas where minority and low-income populations exceed the statewide averages.

·  A demographic profile of the State that includes the identification of the locations of socioeconomic groups, including low-income and minority populations, as covered by Title VI and the Executive Order on Environmental Justice.

·  Any studies or surveys conducted by NDOT, its consultants or other interested parties (colleges or universities, community groups, etc.) regarding ridership, service levels and amenities, passenger satisfaction, passenger demographics or fare issues for its rural public transit service and regarding transit planning and service provided by FTA Section 5309, 5310, 5311, 5316, and 5317 subrecipients, during the past three years.

·  Current description of NDOT’s Section 5307 subrecipients, including service area characteristics and public transit service, including system maps, public timetables, transit service brochures, etc.

·  NDOT Organization Chart for the Department and for the unit responsible for administration of FTA grant programs.

·  Summary of NDOT’s current efforts to seek out and consider the viewpoints of minority, low-income, and Limited English Proficient (LEP) populations in the course of conducting public outreach and involvement activities.

·  A copy of NDOT’s four factor analysis of the needs of LEP persons.

·  A copy of NDOT’s plan for providing language assistance to LEP persons that is based on the USDOT LEP Guidance.

·  NDOT’s procedures for investigating and tracking Title VI complaints and documentation that the procedures for filing complaints are available to members of the public upon request.