Hoyle Tanner’s aviation professionals routinely assist clients through funding and grant application and pre-applications processes for their airport’s projects. Our team stays up-to-date and knowledgeable in implementing the new protocols and processes established by the Federal Aviation Administration (FAA). Recently, Title VI order requirements have been reintroduced to follow a pre-grant award checklist. So, what is Title VI and how can we help?
The Origin
From the Civil Rights Division of the US Department of Justice, “Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, national origin, sex, creed, or age. Under Title VI, no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives U.S. Department of Transportation (USDOT) funding, and also applies to the programs and activities that distribute federal funds.”
Title VI for Your Airport
In 2022, airport sponsors received a letter from FAA providing notification for the existence of USDOT Order 1000.12C. The order served as a reminder of all nondiscrimination obligations that were in place, and described in the existing Title VI order requirements – the pre-award checklist, community participation plan, and the Title VI Plan. Starting with the pre-award checklist, the USDOT Title VI order requires an assessment prior to awarding any grants. This year, for the first time, the FAA is using the checklist to meet nondiscrimination obligations. The checklist is a self-certification mode of oversight where the recipients and airport sponsors indicate whether they are or are not in compliance with specific requirements on the checklist.
As FAA moves forward, this will be supplemented with Title VI Plans and Community Participation Plans (CPP), which will be created and approved by FAA by the dates shown in the timeline below. The Limited English Proficiency Plan (LEP) and Four Factor Analysis are additional processes also required, but are incorporated as part of the Title VI Plan.
Why You Need a Title VI Plan
Compliance is mandatory! When you accept funds from FAA, you agree to certain obligations. These obligations are listed in the grant assurances that you are required to attach to your grant application. Our experts can assist you with navigating this process by considering the following factors:
- The plan outlines approved measures to ensure Title VI compliance by a recipient and (if applicable) its contractors and subrecipients.
- It informs participants and beneficiaries of a recipient’s nondiscrimination obligations and rights.
- Plans vary in details and sizes, based on your organization.
- Plans assist FAA in oversight responsibilities with compliance reviews, complaint investigations and grant assurances.
At A Minimum
Your Title VI Plan is a public document, therefore it needs to be accessible to the public. Be sure it is concise, understandable, and readily accessible to the public including posting on your website. At a minimum, your Plan should incorporate the following elements:
- Title VI Policy Statement
- Organization & Staffing
- Title VI Compliant Procedures
- Demographic Information
- Limited English Proficiency (LEP) Plan
- Notices & Outreach Methods
- Unlawful Discrimination Poster
- Training
- Monitoring
- Appendices
- Physical & Digital Copies
The process may seem daunting, but Hoyle Tanner has experience navigating Title VI Plans and is here to help! Contact me and ensure that you remain in compliance and continue to receive your federal funding.
