Title VI Plan

Kootenai Metropolitan Planning Organization

November 2007

Title VI Coordinator:

Leanne Carlson

Phone: (509) 625-6703

E-mail:
Fax: (509) 625-6379

Kootenai Metropolitan Planning Organization

221 W. First Avenue, Suite 310

Spokane, WA 99201
Phone: 1-800-698-1927 • Fax: (509) 343-6400 • E-mail:

Table Of Contents

Plan Text

Introduction...... 4

Policy Statement and Authorities...... 6

Organization...... 7

General Responsibilities...... 8

General Title VI Program Responsibilities...... 8

Responsibilities of the Transportation. Mgr. and the Title VI Coordinator....9

Responsibilities of Title VI Specialist...... 10

Program Area Responsibilities ...... 10

Program Area 1: Communications & Public Involvement...... 10

Program Area 2: Planning & Programming...... 14

Program Area 3: Consultant Contracts ...... 17

Program Area 4: Education & Training...... 19

Questions...... 20

Appendices

1. Title VI Assurances...... 21

2. Title VI Notice to the Public...... 27

3. Nondiscrimination Complaint Procedures ...... 29

4. Organization Chart of Title VI Responsibilities...... 32

5. Public Involvement Plan...... 33

6. Policy for Engaging Individuals with Limited English Proficiency (LEP).37

Table 1 “Language Spoken at Home”...... 39

Table 2 Ability to Speak English, Over 18 – Spokane County...... 39

Table 3 SRTC Staff Who Speak Other Languages...... 39

Table 4 Spokane County Certified All Interpreter's List...... 40

7. Environmental Justice Demographic Profile...... 42

Introduction...... 43

Definitions...... 44

Objectives...... 45

Table 1 Race and Ethnicity in Kootenai County...... 47

Table 2 Regional Minority and Low-Income Thresholds...... 49

Next Steps...... 50

Table 3 Population by Race and Hispanic/Latino (H/L) Origin.....51

Table 4 Poverty Statistics: 1999, Kootenai County, ID...... 51

Table 5 Poverty Statistics by Race and H/L Origin...... 52

Table 6 Median Household Income by Race and H/L Origin...... 52

Table 7 Population Age 65 and Over: 2000, Kootenai County.....53

Table 8 Persons with a Disability: 2000, Kootenai County...... 53

Table 9 Households with No Vehicles: 2000, Kootenai County....54

Table 10 Persons with Limited English Proficiency...... 54

Table 11 Common Languages Other than English...... 55

Maps

Map 1 2000 Minority Percentage, Kootenai County, ID...... 56

Map 2 2000 Black/African American Percentage...... 57

Map 3 2000 American Indian/Alaskan Native Percentage...... 58

Map 4 2000 Asian/Pacific Islander Percentage...... 59

Map 5 2000 Hispanic/Latino Heritage Percentage...... 60

Map 6 Percent of Population Below 1999 Poverty Level...... 61

Appendices

Appendix A Data Sources...... 62

Appendix B Alternative Data Sources...... 64

Appendix C Poverty Thresholds in 1999...... 66

Kootenai Metropolitan Planning Organization

Title VI Plan

“It has been The Federal Highway Administration's (FHWA's) and the Federal Transit Administration's (FTA's) longstanding policy to actively ensure nondiscrimination under Title VI of the 1964 Civil Rights Act in Federally funded activities. Under Title VI and related statutes, each Federal agency is required to ensure that no person is excluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color, national origin, age, sex, disability, or religion. The Civil Rights Restoration Act of 1987 clarified the intent of Title VI to include all program and activities of Federal-aid recipients, subrecipients, and contractors whether those programs and activities are federally funded or not.” (Source: US Department of Transportation)

Over the past decade, a renewed emphasis on Title VI issues and environmental justice has become a more integral part of the transportation planning and programming process throughout the United States, particularly in urban regions. This renewed commitment to Title VI has, and continues to be, reflected in the Kootenai Metropolitan Planning Organization’s (KMPO) work program, publications, communications, and public involvement efforts. This document establishes a framework for efforts that will be taken at KMPO to ensure compliance with Title VI and related statutes regarding nondiscrimination and environmental justice.

KMPO is an intergovernmental agency that provides pragmatic regional transportation planning and research to address current issues, and to explore future needs and options that could benefit the region. The agency provides a solid base of technical competence for objective and innovative regional transportation planning, in which the sum of regional and local expertise is greater than the individual parts. KMPO encourages coordination and collaboration between the public, cities, small towns, the county, the state, transit providers, and tribesin order to assure cohesive connectivity throughout Kootenai County.

KMPO is designated under federal law as the Metropolitan Planning Organization (MPO) for Kootenai County, Idaho. Under state and federal mandates and an Interlocal Agreement signed by local, regional, and state jurisdictions, the KMPO conducts and supports numerous state and federal planning, compliance, and certification programs which enable jurisdictions and other entities in the region to obtain state and federal funding.

As the regional transportation planning agency, KMPO does not duplicate the activities of local and state operating agencies, but supports their needs with complementary planning and analyses. The agency performs strategic analyses of trends, consequences, and options related to transportation issues and air quality issues. It is a center for the collection, analysis, and dissemination of transportation-related information vital to citizens, businesses, jurisdictions, and governments in the region.

Governance, Boards, and Advisory Committees

KMPO Board

The Kootenai Metropolitan Planning Organization is governed by its Board, which holds monthly meetings conducted by the Chairperson. The Board has contracted with Spokane Regional Transportation Council, the MPO for Spokane County, WA, for day-to-day operational and administrative needs. SRTC operates at the pleasure of the KMPO Board.

Alternate Council representatives may serve in the absence of the designated representative so long as the alternate representative is an elected or appointed official of the appointing Member’s parent agency. All alternate Council representatives must serve in the same capacity as the regularly designated representative as defined hereinabove.

Officers of the Council shall include a chair and vice-chair, who shall be elected by majority vote of the Council. Only representatives who are elected officials may be officers. Officers shall serve a one-year term. The chair shall alternate among representatives of the Council.

Committees

KMPO utilizes other advisory bodies to provide ideas and valuable insights on ways to address important regional issues. Other committees, involving member agency staff and representatives of business, environmental, citizen and other interests, research and resolve technical issues related to regional transportation policy development, and review and recommend major transportation projects, including bicycle, pedestrian, and other transportation enhancement projects, for funding.

Kootenai County Area Transportation Team (KCATT)

KMPO’s only standing committee -- the Kootenai County Area Transportation Team (KCATT)-- provides project input and helps ensure a coordinated and well-considered regional transportation system. The KCATT is composed of transportation professionals from various local and state agencies. The KCATT participates in KMPO's transportation planning program by conducting technical reviews of activities such as work programs and consultant contracts. This committee meets monthly to review activities being undertaken by KMPO and to coordinate projects between jurisdictions.

Ad Hoc Committees

To best serve the transportation planning needs of the region, citizen-based committees will be formed on an ad hoc basis to provide focused citizen input on transportation studies, key documents, and other projects identified by KMPO’s Transportation Manager.

Title VI Policy Statement

The Kootenai Metropolitan Planning Organization (KMPO) assures that no person shall, on the grounds of race, color, national origin, age, creed, or sex, as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987 (PL 100.259), be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. KMPO further assures that every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. In the event KMPO distributes federal aid funds to another governmental entity, KMPO will include Title VI language in all written agreements and will monitor for compliance. KMPO’s Title VI Coordinator is responsible for initiating and monitoring Title VI activities, preparing required reports, and other KMPO responsibilities as required by Title 23 Code of Federal Regulations (CFR) Part 200, and Title 49 CFR Part 21.

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April____, 2006 Glenn F. Miles, Executive Director

Authorities

Title VI of the 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, national origin, age, creed, or sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance (refer to 23 CFR 200.9 and 49 CFR 21). The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the terms “programs or activities” to include all programs or activities of federal aid recipients, sub-recipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100259 [S. 557] March 22, 1988).

Additional Authorities and Citations Include: Title VI of the Civil Rights Act of 1964, 42 USC 2000d to 2000-4; 42 USC 4601 to 4655; 23 United States Code 109(h); 23 United States Code 324; Department of Transportation Order 1050.2; Executive Order 12250; Executive Order 12898; 28 CFR 50.

KMPO’s Executive Director is responsible for ensuring implementation of the agency’s Title VI program. The Title VI Coordinator, under direction of the Executive Director, is responsible for coordinating the overall administration of the Title VI program, Plan, and Assurances (see Appendix 1).

Four areas of KMPO’s work program have been identified as applicable to Title VI regulations – they are referred to as the four Title VI Program Areas: (1) Communications & Public Involvement, (2) Planning & Programming, (3) Consultant Contracts, and (4) Education & Training. The agency’s Title VI-related responsibilities fall into two main categories – “general responsibilities,” applicable to all four Title VI Program Areas, and “Program Area responsibilities” that are specific to each Title VI Program Area. It is important to note that Program Areas 1 and 2 (noted above) are extremely interrelated – they have been treated separately for purposes of clarity and corresponding to agency organization. For example, the Communications & Public Involvement program area applies to and affects the agency work program as a whole, particularly agency efforts and responsibilities related to planning and programming.

KMPO has no permanent staff members of it’s own, but since it contracts with SRTC, SRTC’s Public Information and Education Coordinator will serve in the role of “Title VI Specialist” for all KMPO program areas, with specific support being provided by statistical, demographic, and GIS staff within SRTC. The Public Information and Education Coordinator (serving in the role as Title VI Specialist), in coordination with the Title VI Coordinator, and under the supervision of the KMPO Executive Director, is responsible for the day-to-day administration of the Title VI program, and for carrying out the “Program Area responsibilities” for each Title VI Program Area identified in this Plan. Other SRTC staff members are assigned to assist the Specialist or consulted and involved, as needed. Refer to Appendix 4 for an SRTC organization chart of staff with specific responsibilities in the agency’s Title VI program.

General Title VI Program Responsibilities

Following are general Title VI responsibilities of the agency applicable to all four Title VI Program Areas included in this Plan. The Title VI Coordinator is responsible for ensuring these elements of the plan are appropriately implemented and maintained; Title VI Specialist is responsible for implementing and maintaining these elements.

1. Data Collection

Statistical data on race, color, national origin, income level, language spoken, and sex of participants in, and beneficiaries of, federally funded programs is to be gathered and maintained by the Title VI Specialist, as described in the “Program Area Responsibilities” section of this document. The data gathering process will be reviewed regularly to ensure sufficiency of the data in meeting the requirements of the Title VI program.

2. Annual Report and Update

An Annual Report and Update is to be submitted by the Executive Director or his delegate 12 months after receiving Idaho Transportation Department’s (ITD) Office of Equal Opportunity’s official letter of comment regarding the previous year’s submission. The Title VI Specialist is responsible for supplying pertinent information to the Executive Director as needed for drafting the report. The Title VI Coordinator should review the document for familiarity. The document is to include:

A report on the previous year’s Title VI-related activities and efforts, including accomplishments and program changes.
An update on Title VI-related goals and objectives for the upcoming year.

3. Annual Review of Title VI program

Each year, in preparing for the Annual Report and Update, the Executive Director, the Title VI Coordinator, and the Specialist will review the agency’s Title VI program to assure compliance with Title VI. In addition, they will review agency operational guidelines and publications, including those for contractors, to ensure that Title VI language and provisions are incorporated, as appropriate.

4. Dissemination of Information Related to the Title VI program

Information on the agency’s Title VI program is to be disseminated to agency employees, contractors, and beneficiaries, as well as to the public, as described in the “Program Area Responsibilities” section of this document, and in other languages when needed.

5. Resolution of Complaints

Any individual may exercise his or her right to file a complaint with KMPO, if that person believes that he or she or any other program beneficiaries have been subjected to unequal treatment or discrimination, in their receipt of benefits/services or on the grounds of race, color, national origin, income, sex, or disability. KMPO will make a concerted effort to resolve complaints informally at the lowest level, using the agency’s Nondiscrimination Complaint Procedures, as described in Appendix

Responsibilities of the Executive Director and the Title VI Coordinator

The Transportation Manager is responsible for supervising the Title VI Specialist in implementing, monitoring, and reporting on KMPO’s compliance with Title VI regulations. In support of this, the Executive Director and Title VI Coordinator will:

Identify, investigate, and eliminate discrimination when found to exist.

Process Title VI complaints received by KMPO, as described in Appendix 3.
Meet with the Specialist quarterly to monitor and discuss progress, implementation, and compliance issues.
Periodically review the agency’s Title VI program to assess if administrative procedures are effective, staffing is appropriate, and adequate resources are available to ensure compliance.
Request from the Specialist the necessary data to develop and submit the Annual Title VI Report and Update to ITD, Federal Highways Administration (FHWA), and Federal Transit Administration (FTA) by the annual deadline. Review the Annual Title VI Report and Update to determine the effectiveness of the Title VI program and related efforts.
If a subrecipient is found to not be in compliance with Title VI, work with the Specialist, the Fiscal Officer, and the subrecipient to resolve the deficiency status and write a remedial action if necessary, as described in the Consultant Contracts section of this plan.
Review important Title VI-related issues with the Specialist, as needed.
Assess communications and public involvement strategies to ensure adequate participation of impacted Title VI protected groups and address additional language needs when needed.

Responsibilities of Title VI Specialist

The Title VI Specialist, under supervision of the Executive Director is responsible for day-to-day administration of the Title VI program, including implementation of the plan and Title VI compliance, program monitoring, reporting, and education within assigned areas, as described in the “Program Area Responsibilities” section of this document. In addition, the Specialist is responsible for supplying information to the Executive Director for drafting of text for the Annual Title VI Report and Update, and maintaining the data and documentation necessary for that report. This includes reviewing guidelines and procedures for the assigned Title VI Program Area, and incorporating Title VI-related language and provisions into agency documents, as appropriate.

Program Area 1: Communications & Public Involvement

Note: The Communications & Public Involvement Program Area applies to and affects the agency work program as a whole, particularly agency efforts and responsibilities related to the Planning & Programming Area. It has been treated as a separate program area for purposes of clarity, and corresponding to agency organization. See Appendix 5 for the agency’s adopted Public Participation Plan.

The goal of SRTC’s communications and public involvement program is to ensure early and continuous public notification about, and participation in, major actions and decisions by SRTC. In seeking public comment and review, SRTC makes a concerted effort to reach all segments of the population, including people from minority and low-income communities, and organizations representing these and other protected classes. SRTC utilizes a broad range of public information and participation opportunities, including dissemination of proposals and alternatives, process for written comments, public meetings after effective notice, settings for open discussion, communication programs, information services, and consideration of and response to public comments.

Operational Guidelines

SRTC’s Public Involvement Plan
SRTC’s Policy for Engaging Individuals with Limited English Proficiency (LEP)

Principles of SRTC’s Communications & Public Involvement Program

Equal access is an essential part of the public involvement process.
No major public policy decision is reached or large project implemented without significantly affecting someone.
Professionals do not have a monopoly on good solutions.
Even if a project or policy decision is sensible and beneficial, it must be arrived at properly to be acceptable.
People are much more willing to live with a decision that affects different interests unequally if the decision-making process is open, objective, and considers all viewpoints.
If project or policy staff doesn’t provide all relevant information necessary for an informed decision, the public will rely on, and trust, others.
Interacting with an official representative of an organization or group is no substitute for interacting directly with that organization or group.
Effective public notification and participation takes time and effort, but is important to sound decision-making.