Title VI and ADA

Public notice informing the public of their rights under Title VI/ADA

Title VI/ADA complaint procedures
Instructions to the public on how to file a Title VI/ADA complaint. Include a designated employee for coordinating Title VI and ADA complaint investigations.

Link to Title VI/ADA Complaint Form

External Lawsuits, Investigations, or Complaints Alleging Discrimination
Include a description of any external lawsuits, investigations, or complaints alleging discrimination on the basis of race, color, national origin (including limited English proficiency), or disability filed against the recipient (or any of its proposed subrecipients, if applicable) within five years of the date of the application, together with an explanation of the status or outcome of each matter.

Status of Corrective Actions Implemented by Recipient to Address Deficiencies Previously Identified During a Civil Rights Compliance Review

  • A description of any civil rights compliance reviews that are ongoing, or have been completed within the last five years, by MARAD, or other state, local, or federal agencies. This description must discuss:
  • Any deficiencies identified by past reviews
  • Corrective actions taken or that are underway to address the deficiencies identified
  • Copies of any reports from compliance reviews conducted by another agency

Planning and Advisory Board Membership (If applicable)

  • A table depicting the membership of any non-elected committees and councils, the membership of which is selected by the recipient, broken down by race
  • A description of the process the agency uses to encourage the participation of minorities on such committees

Legacy Infrastructure
A plan to address any legacy infrastructure or facilities that are not compliant with ADA standards

Compliance Monitoring
If a recipient intends to or is presently providing Federal funding to another entity, the recipient is responsible for monitoring the entity’s (i.e., Sub-Grantee of Federal funding) compliance with DOT non-discrimination requirements. This requirement also extends to recipients with tenants, who are responsible for ensuring that port tenants do not discriminate in any of their programs or activities.

  • Documentation that it includes the USDOT Standard Title VI Assurances and Non- Discrimination Provisions (DOT Order 1050.2A) in all recipient contracts, sub-recipient agreements, and tenant agreements
  • A description of how the recipient will periodically evaluate and monitor the programs and activities of sub-recipients, tenants, or any other pass-through entities for nondiscriminatory treatment and potential impact on communities on the basis of race, color, national origin (including Limited English proficiency), and disability. This may include, but is not limited to:
    • The development of project or activity specific oversight procedures, schedules, tools, or documentation requirements
    • Procedures of identifying and correcting program or performance deficiencies
    • Technical assistance or training on grant requirements, including federal non- discrimination requirements
    • Regular communication
    • Routine site visits

Community Engagement Requirements:

These requirements apply to all recipients. Community Participation Plans and Language Assistance Plans will vary based upon the size, scope, and project type but are required of all MARAD recipients. Recipients are strongly encouraged to review The US DOT Title VI Program Order1 , DOT Limited English Proficiency (LEP) Guidance 2 and DOT Best Practices on Community Participation 3 prior to submission.

General Requirements:

  • A description of recipient’s practices for obtaining proactive and meaningful public participation ensure that beneficiaries, as well as contractors and subrecipients (if applicable), are adequately informed about how programs, projects, and other activities will potentially affect them?
  • A description of how the recipient’s practices for obtaining proactive and meaningful public participation ensure that diverse views, including those of people with disabilities, are heard and considered throughout all stages of consultation, planning, and decision- making processes
  • A description of key community stakeholders, including advocacy groups, community- based organizations, and other advisory bodies?

Language Assistance Plan:

  • A completed 4 factor analysis
  • A Language Assistance Plan for providing assistance to persons with limited English proficiency (LEP) consistent with the DOT Policy Guidance Concerning Recipients' Responsibilities to LEP Persons