Federal Highway Administration (FHWA) Title VI Local Agency Requirements

Agencies that receive federal funds from Caltrans are referred to as subrecipients. Subrecipients that receive FHWA funds through Caltrans are required to establish a Title VI program that is subject to review by Caltrans pursuant to 23 CFR 200.9(b)(7). The purpose of the program is to prohibit discrimination and ensure non-discrimination through establishing policies and procedures and conducting regular subrecipient program reviews.

Caltrans’s Division of Local Assistance, Office of Guidance and Oversight (OGO) monitors Caltrans subrecipients for Title VI compliance. The following is a listing of items that are required as part of a subrecipient’s Title VI program.

The local agency shall designate a Title VI Coordinator who has a responsible position in the organization and easy access to the head of the agency. Identification of the Title VI Coordinator shall be disseminated to the public via such methods as posting in public areas or on the agency's website.
The local public agency (LPA) must develop a Title VI policy statement for signature by the head of the agency. The statement must give reasonable guarantee that the programs administered by the agency are conducted in compliance with all Title VI nondiscrimination requirements. The signed statement must be disseminated to the public via such methods as posting in public areas and/or on the agency’s website.

The local agency shall develop Title VI information for dissemination to the general public and, where appropriate, in languages other than English. The purpose of the information shall be to communicate information about the public's rights under Title VI. Sample information includes, but is not limited to, posters, brochures, flyers, "frequently asked questions" documents, web pages, and the like. Alternative formats shall be offered and made available at no cost to the requester, where applicable.

SAMPLE Caltrans Non-Discrimination Policy Statement

Caltrans and You Brochure - Your Rights Under Title VI and Related Statutes

All Local Agency Federal-aid contracts documents and agreements shall incorporate Title VI assurances as part of Exhibit 4-C: Master Agreement with Caltrans.  The Program Supplement Agreement (PSA) (see Exhibit 4-D: Sample – Program Supplement Agreement) for each project includes the local agency’s reaffirmation of the nondiscrimination assurances contained in the Master Agreement.

The local agency shall include the provisions indicated in Appendices A – E to Exhibit B of the Title VI Assurances, included as part of Exhibit 4-C: Master Agreement - Administering Agency-State Agreement for Federal-Aid Projects of the Local Assistance Procedures Manualin contracts and agreements, between the local agency and the contractor, where applicable.

Local agency will insert the clause of the Appendix E of the Title VI Assurance in every Federal-aid contracts and agreements. The Exhibit 4-C Master Agreement contains Appendices A – D but not Appendix E of the Title VI Assurances. There is a U.S. Department of Transportation Order No.1050.2 requirement to add Appendix E, which is not included in Exhibit 4-C.

Appendix E of the Title VI Assurances

Appendices A – E of  the Title VI VI Assurances

FAQs Appendix E of the Title VI Assurances

The local agency shall provide Title VI training for its managers, supervisors, and staff with frequent public contact every two years.

SAMPLE of Title VI Training (PDF)

The local agency shall develop procedures for the collection of statistical data (race, color, and national origin) of participants in, and beneficiaries of, federally funded roadway projects, e.g., citizens impacted by relocation and participants attend the public hearing during an environmental review. In addition, the local agency shall analyze the data collected to determine the effectiveness of outreach methods to ensure that no group is excluded during the decision-making process or is not given an opportunity to voice their opinions or concerns. 

TECHNICAL ASSISTANCE: Title VI Data Collection

Each federal agency subject to Title VI shall develop a written plan for enforcement which sets out its priorities and procedures. This plan shall be available to the public and shall address matters such as the method for selecting recipients for compliance reviews, the establishment of timetables and controls for such reviews, the procedure for handling complaints, the allocation of its staff to different compliance functions, the development of guidelines, the determination as to when guidelines are not appropriate, and the provision of civil rights training for its staff.

SAMPLE of Title VI Program Plan

TECHNICAL ASSISTANCE: FHWA Title VI Program 101

Develop a Title VI Annual Accomplishments and Goals Report for the past year, and goals for the next year. There is no need for a separate update if the accomplishment report contains one. For instance where Title VI issues were identified and discrimination prevented, activities and efforts of the Title VI specialist and program area personnel in monitoring Title VI, etc. 

SAMPLE

A local agency that receives federal financial assistance is required to adopt procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging discrimination on the basis of race, color or national origin. 

Sample of Caltrans Title VI Complaint Process Guide in English and Spanish below.

Contacts

Any local agency questions or comments related to Title VI may be sent to the contact information below:

Cathy Ly
Caltrans Division of Local Assistance
Civil Rights Coordinator
Phone: (279) 234-8191
Email: Cathy.Ly@dot.ca.gov

Allyson Beem
Caltrans Division of Local Assistance
Civil Rights Assistant
Phone: (279) 234-4520
Email: Allyson.Beem@dot.ca.gov