129.1 Americans with Disabilities Act (ADA) and Title VI protected populations

Early in project development, the Project Manager (PM) shall assess whether the methods of public involvement chosen for a particular project are reasonable for the project, whether they adequately reach the proper constituents, whether there are minority, or limited English proficiency (LEP) discrimination concerns, and whether the methods would adequately provide the needed information and afford the opportunity for the public to provide feedback. Minority and LEP populations are defined by Title VI. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. If there are questions concerning the participation of minority and disadvantaged populations, contact the Environmental Specialist in the Design Division who is the resource for socioeconomic issues on project development. For CE2, EA or EIS classification level projects, the Request for Environmental Services (RES) can provide a resource for the PM to help identify minority and LEP populations in the project area to help determine the type and degree of public outreach that could be needed. Information on the community impact assessment process is found in EPG 127.3. The first step is to identify populations of people interested in the project and those who could be impacted by the project, then determine which outreach methods would be most effective. The PM should work with the Area Engineer and use existing information such as from the Conceptual Study Report (CSR), if developed, to help identify the area impacted by the project.

The process for identifying interested people/populations impacted by the project should be documented in the PIP and housed in MoProjects. The PIP is developed by the PM or district staff, or the project consultant, if tasked with public involvement for the project, and approved by MoDOT staff. It may become necessary to revise the PIP as the project evolves, conditions change, oppositional groups emerge, or new issues arise. It is prudent to complete an LEP analysis, similar to the Community Impact Assessment process outlined in EPG 127.3.1.3, and review it for protected populations early in the planning phase, when the PIP is developed, to identify stakeholders, affected public, and whether targeted outreach to underserved populations are needed. Then appropriate outreach efforts can be planned for these populations and budgeted appropriately.

Effectively reaching underserved populations may require significant staff time and resources, and special efforts or innovative methods may need to be used to ensure the inclusion of affected community members. This is especially important for underrepresented groups, such as minority and LEP groups, and in communities where a significant percentage of the affected population does not speak or understand English. Consider the need for translators, interpreters, and written materials in languages other than English. Innovative methods to involve minority and LEP sectors of the community, as well as senior citizens, disabled persons, and other interested groups such as economic developers, Metropolitan Planning Organizations (MPOs) and Regional Planning Commissions (RPCs), and historical and environmental groups, should also be explored. Such methods could include house-to-house contacts; providing bulletins at kiosks; meeting with community groups, church organizations, community minority liaisons, local grocery stores, and libraries; placing notices in the newspaper and using other media outlets which cater to these groups. Accommodations should also be made for non-English speaking community members and those with language barriers, such as deaf populations.

The meeting location selected shall be in compliance with the ADA. Special attention should be paid to whether there is access to public transportation, and whether there is a safe and reasonable walking distance to the meeting without obstacles such as crossing active railroad tracks or busy highways.

These efforts shall be documented for inclusion in environmental documents such as the RES, CE2, EA, EIS, or in project files in MoProjects, and for department wide Title VI compliance.