Title VI Compliance Review - Desk Audit 2024

Title VI Program Subrecipient Compliance Review

Please Submit by Thursday, May 16th, 2024
Purpose

Title 23 Code of Federal Regulations (CFR) Part 200.9 requires the State to conduct reviews of planning agencies, certification acceptance agencies and other recipients of Federal Highway Administration (FHWA) and Federal Transportion Administration (FTA) funds to determine compliance with Title VI, which includes Environmental Justice matters.

To comply with the requirements imposed by FHWA and FTA, and to ensure that the Nevada agency’s transportation-related planning activities are provided in a nondiscriminatory manner, the Civil Rights Office conducts Compliance Reviews on a rotating basis. This allows NDOT to determine the agency’s level of compliance with the nondiscrimination regulations of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as amended. The Review will also identify how the agency has effectively implemented the requirements of the Environmental Justice and Limited English Proficiency (LEP) Executive Orders, 12198 and 13166, respectively and Nevada SB318.

Desk Audit - Subrecipient Reviews
As part of the Title VI Compliance Review, desk audits will be conducted by the NDOT Civil Rights staff and/or their contractor(s). Questions shall be posed to the subrecipients to develop a fact-based description of how the agency has attempted to comply with Title VI Program requirements. At the Title VI Coordinator level, the questions might be as simple as “What is your role in the effective implementation of Title VI Program requirements”, “How have you delegated and/or fulfilled your role”. These questions will pertain to the roles and responsibilities within the agency’s Title VI Program and efforts to comply with Title VI. Questions will be based on the Title VI requirements of 23 CFR Part 200 and may refer to your Agency’s Title VI Program Implementation Plan. Please note that all questions notated with an asterisk must be answered.
Agency Information
Is your agency a ?*

CityCountyLocal Public AgencyTransit SystemMPO
Organization Name*
Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Please list the Agency Head and their title.*

NameTitle
Agency Head email*
example@example.com
Please list the programs receiving FHWA/FTA/grant financial assistance from NDOT and the amounts received for the current fiscal year.*
Recurring

YesNo
Title VI Coordinator:

(23 CFR 200.9(b)(1))
NameTitle
Title VI Coordinator Email*
example@example.com
Phone Number:*
1. Does the Coordinator have easy access to the Head of the County/City/Agency? (23 CFR200.9(b)(1)).*

YesNo
2. Does NDOT have the most current copy of your Organizational Chart?*

YesNo
3. Has the Title VI Coordinator attended the annual NDOT Civil Rights training session? If yes, provide the date:*

YesNo
MonthDayYear
Date of Training
4. Has the MPO/Agency included in its directives specific discriminatory practices that are prohibited? (49 CFR 21.5(b)). If yes, please provide a copy of the Directives Log.*

YesNo
Please upload Directives log.
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Title VI Implementation Program Plan:
5. Has the Title VI Coordinator submitted a Title VI Implementation Plan to NDOT External Civil Rights Division for approval? If yes, please note the date of the last review of the Plan and briefly describe discrepancies, if any, and any corrective action taken. (23 CFR 200.9(b)(11)).*

YesNo
MonthDayYear
Date of last review.
Please provide a brief description of discrepancies and any corrective action taken, if any. If no discrepancies were found please put N/A in the comment box.*

6. Please provide the most recent demographic data for the service area in the table below.*

	Estimated Total	Estimated % of Total Population
African American/Black
Asian
Native Hawaiian/Other Pacific Islander
Low Income Population
American Indian/Alaskan Native
Hispanic/Latino
White

Total Population*
7. Has the MPO/Agency developed demographic maps or charts that provide racial and ethnic data for use in the planning process?*

YesNo
Dissemination of Title VI Information
8. Does the MPO/Agency disseminate Title VI information in languages other than English? (23 CFR200.9(b)(12); Federal Register Vol. 70, No. 239) a. If yes, list the languages used to interpret (oral communication) or translate (written communication) Title VI information disseminated to the public. Please provide samples (i.e., posters, brochures, notices) for each language translated.*

YesNo
Please list languages used.*
Upload language translated samples.
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9. Is the Nondiscrimination Notice to the Public located in conspicuous areas for staff and public?*

YesNo
10. Does the Nondiscrimination Notice to the Public name the Title VI Coordinator to whom complaints should be referred?*

YesNo
11. Does the Nondiscrimination Notice to the Public include procedures to request additional information about Title VI?*

YesNo
12. Please describe how information about Title VI is disseminated throughout the MPO/Agency and to the public.*
13. Please describe how information about Title VI is disseminated virtually to the public.*
14. Please describe how information about Title VI is disseminated internally to staff.*
Title VI Training
15. Has NDOT approved Title VI training been provided or coordinated to staff and/or committee members by the MPO/Agency within the last 12 months? (23 CFR200.9(b)(9)). If yes, please briefly describe training.*

YesNo
Please describe the content of the training:*
16. Please describe how the MPO/Agency maintains training records:*
17. Please describe the oversight of the Title VI training process (How does the Title VI Coordinator ensure that staff is trained on Title VI?):*
Limited English Proficiency (LEP)
18. Has your the MPO/Agency developed a Limited English Proficiency (LEP) plan? If yes, provide documentation.*

YesNo
Please upload LEP plan documentation
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19. Has the MPO/ Agency submitted its recent copy of the LEP Plan to NDOT?

YesNo
20. Has the MPO/Agency conducted a Needs Assessment by using the Four-Factor analysis recommended by United States Department of Transportation? If yes, please provide a copy of the assessment. (Executive Order 13166; Federal Register Vol. 70, No. 239)

YesNo
Please provide a copy of the assessment
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21. Do the results of the Four-Factor Analysis yield a need to translate materials?*

YesNo
22. Does the MPO/Agency provide translation services in languages other than English to the public upon request? If yes, please provide a copy of the procedures. (Executive Order 13166; Federal Register Vol. 70, No. 239)*

YesNo
Please provide a copy of procedure.
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23. Does the MPO/Agency website provide a translation option?*

YesNo
24.*
25. Please indicate the three (3) most predominant LEP languages within your service area.*
26. How many language assistance requests were received over the last fiscal year?*
27. Describe the efforts the MPO/Agency makes to provide meaningful access for persons with Limited English Proficiency in the transportation-related planning process? Also explain how the organization solicits public participation and comments from LEP persons.*
Public Involvement/Environmental Justice:

NDOT is responsible for monitoring how an MPO/Agency effectively implements Title VI/Nondiscrimination requirements. The following questions are meant to demonstrate how the agency’s Public Involvement acknowledges Title VI/Nondiscrimination requirements. Additionally, the following responses should demonstrate how Public Involvement Staff members ensure that all Federal Programs interact with members of the public in a Title VI/Nondiscrimination compliant manner. Please cite examples.
28. Does your agency have a Public Involvement plan? If yes, please provide documentation.*

YesNo
Public Involvement documentation
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The following responses should demonstrate how Public Involvement staff members ensures that all Federal Programs interact with members of the public in a Title VI/Nondiscrimination compliant manner, please cite examples.*
Cite examples of PI interaction with the public
29. Provide documentation describing efforts to identify and involve minority and low-income individuals within your service area in the decision-making process:*
30. Provide a description of the methods used to inform minority and low-income individuals of planning efforts for transportation related services and/or improvements:*
31. List community media sources your agency identified and utilized that provided outreach and notification of public meetings or public review to minority and low-income communities (Include sources in languages other than English):*
32. Below is an example of reportable adverse impacts. List any net adverse social, environmental, or economic impacts beyond typical temporary construction impacts (Ex. traffic delays that caused major detours for a prolonged period of time, noise outside of standard working hours, etc.) identified on any planned or programmed transportation-related projects since your last review in the box provided:
List any adverse impacts
33. Please describe how the agency evaluates impacts on minority and low-income individuals during the development of planning documents?*
34. How are road construction activities communicated to the public? Describe format and languages other than English used:*
35. Are messages provided in alternate languages based upon the results from the agency’s Four-Factor Analysis? If yes, please provide documentation.*

YesNo
Alternate languages documentation
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Data Collection and Analysis
36. Has the MPO/Agency established procedures to identify and eliminate discrimination when found? (23 CFR 200.9(b)(14)).*

YesNo
37 Does the MPO/Agency have procedures to collect and analyze statistical data of participants and beneficiaries of the agency programs? (23 CFR200.9(b)(4)).*

YesNo
38. Is demographic data collected at public meetings and events?*

YesNo
39. Is the collected demographic data recorded and maintained? If yes, please describe the methods used to collect and analyze demographic date.*

YesNo
Describe collection and analyisis of demographic data
40. Describe how demographic data is used in your organization’s different program areas such as Right-of-Way, Construction, Public Involvement, Environmental, Planning, and Maintenance.*
Complaint Information
41. Has the MPO/Agency provided the most recent copy of the Title VI Complaint Form to NDOT?*

YesNo
42. Has the MPO/Agency developed procedures for processing Title VI complaints?(23 CFR 200.9(b)(3)).*

YesNo
43. Does the MPO/Agency have a Title VI complaint log that identifies each complainant by race, color, or national origin? (23CFR 200.9(b)(3)) and 23 CFR 200.5(p)(6)).*

YesNo
44. Are the Complaint Procedures and Complaint Form posted on the MPO/Agency website?*

YesNo
45. Have Title VI complaints been received since your last review?*

YesNoN/A
If so, were they investigated?

YesNo
By whom?

First NameLast Name
Title of investigator.
Email address of investigator.
example@example.com
46. If complaints were filed against the MPO/ Agency, were they forwarded to NDOT within 21 days?*

YesNo
47. List any Title VI complaints (basis of race, color, and national origin) received since the agency's last review.*
48. Have you provided a copy of the Investigations, Lawsuits, and Complaints Log to NDOT?*

YesNo
49. How does the MPO/Agency ensure that the Complaint Form has the required accommodation language?*
Website
Does your agency's website have a Title VI page?

yesNo
50. Please provide a link to your website’s Title VI page:*
http://www.example.gov
51. Does the MPO/Agency's website follow the two-click guideline?*

YesNo
52. Is the Nondiscrimination Notice to the Public posted on the MPO/Agency website?*

YesNo
53. Does the MPO/Agency website contain language and disability accommodation language*

YesNo
54. Please describe how the MPO/ Agency ensures that the website is maintained in a nondiscriminatory manner.*
55. Please provide the name and title of the person responsible for this task.*

NameTitle
Compliance and Enforcement Procedures

Program Area Reviews
56. Has the MPO/Agency developed a program to conduct Title VI reviews of program areas? (23CFR 200.9(b)(5)).*

YesNo
57. Please describe Title VI compliance monitoring responsibilities for the program areas of the agency.*
58. Has the MPO/Agency conducted annual Title VI Reviews of its (major) program areas to determine the effectiveness of program area activities at all levels?(23 CFR 200.9(b)(6)). If yes, please provide a short summary of the findings.*

YesNo
Please provide a short summary of findings.
59. Has the MPO/Agency conducted Title VI reviews of subrecipients (i.e., cities, consultants, contractors)? (23 CFR 200.9(b)(7)). If yes, please provide a short summary of findings.*

YesNo
Please provide a short summary of findings.
60. Has the MPO/Agency used onsite project compliance (e.g. Commercially Useful Function 49 CFR 26.55 (c)(1)) reviews to determine if discriminatory practices exist? (23CFR 200.9)*

YesNo
61. Are the MPO/Agency's contractors, if any, clearly aware of their commitment to Title VI compliance?*

YesNo
62. Describe how the MPO/ Agency ensures that Appendix A, Appendix E, and the wording for the Statutory/Regulatory Authority statement, General Assurances, and Specific Assurances text of the FHWA-version of the Title VI Program Assurance is being inserted into all consultant agreements and construction contracts regardless of tier?*
63. How does the MPO/Agency ensure transportation-related solicitations and contract awards are done in a nondiscriminatory manner?*
64. Does the MPO/Agency maintain records of the race and ethnicity of bidders and those awarded contracts to ensure the process is done on a nondiscriminatory basis?*

YesNo
Provide the name and title of the person responsible for this task.*

NameTitle
65. Are those who are awarded contracts clearly aware of their commitment to Title VI compliance?*

YesNo
66. Has your agency provided to NDOT the most recent Title VI Assurances signed by the agency head? If so, please provide a copy.*

YesNo
Please provide a copy of the most recent Title Vi Assurance.
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67. Has the MPO/Agency established procedures for promptly resolving deficiencies and reducing to writing the remedial action agreed to be necessary, within 90 days? (23 CFR 200.9(b)(15)).*

YesNo
Declaration of Respondent

I declare that I have completed this Title VI Compliance Desk Audit Review to the best of my knowledge and believe it to be true and correct.
Signature

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Title VI Program Subrecipient Compliance Review

Agency Information

Title VI Coordinator:

Title VI Implementation Program Plan:

Dissemination of Title VI Information

Title VI Training

Limited English Proficiency (LEP)

Public Involvement/Environmental Justice:

Data Collection and Analysis

Complaint Information

Website

Compliance and Enforcement Procedures

Declaration of Respondent