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MEMORANDUM OF UNDERSTANDING BETWEEN
THE DEPARTMENT OF TRANSPORTATION (OST),
FEDERAL HIGHWAY ADMINISTRATION (FHWA),
FEDERAL RAILROAD ADMINISTRATION (FRA), AND
URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA)
RELATIVE TO THE ADMINISTRATION OF THE
STATE DOT EEO PROGRAM


Whereas, the Secretary, FRA, FHWA and UMTA are mutually desirous of advancing the cause of equal employment opportunity (EEO) with respect to the internal employment practices of State Departments of Transportation (DOTs), and

Whereas, FRA, FHWA, and UMTA have produced different affirmative action requirements and reporting procedures to implement their respective legislative mandates and each is unilaterally monitoring the internal employment practices of State DOTs, (Authorities are identified as FHWA, 23 USC 140 and State Assurances; FRA, 45 USC 801; and UMTA, Section 19 of the Surface Transportation Act of 1978), and

Whereas, the different affirmative action plan (AAP) requirements and monitoring procedures of the respective modes have caused duplication of effort, and

Whereas, the Secretary is desirous of eliminating duplication and providing coordinated and uniform implementation and monitoring of State DOT Affirmative Action EEO Program requirements, and

Whereas, over the last 10 years FHWA Washington Headquarters and field staffs have acquired a thorough understanding and familiarity with the internal employment policies and practices of State DOTs, and

Whereas, the highway component is the major element in 38 of 40 State DOTs, with the mass transit and rail components having elements in 27 and 15 State DOTs, respectively and

Whereas, FHWA is the dominant source of Federal funding for State DOTs,

Now, therefore, FHWA, FRA, and UMTA hereby mutually covenant and agree as follows:

FIRST:

That FHWA OCR will assume the lead responsibility for reviewing and monitoring the State DOT employment practices programs administered by FHWA, FRA, and UMTA

.
SECOND:

The FHWA OCR will provide leadership for the development of uniform DOT guidelines for State DOT Affirmative Action Programs, such development to be performed in close coordination with OST and the other cited operating elements.

THIRD:

That such guidelines will be broad enough to cover the requirements of all operating elements.

FOURTH:

That FRA and UMTA Civil Rights staffs, as appropriate, in addition to the FHWA, will provide technical assistance to State DOTs upon request by FHWA, in the development and implementation of EEO Affirmative Action Programs.

FIFTH:

That FHWA and FRA civil rights personnel will conduct periodic joint compliance reviews of the internal employment practices of State DOTs. The UMTA civil rights personnel will be notified of such reviews, as appropriate. By mutual agreement, State DOT reviews will be scheduled by FHWA civil rights personnel and coordinated with FRA and UMTA personnel.

SIXTH:

The AAPs will be submitted by State DOTs to appropriate FHWA field offices for review and recommendations, with copies to FRA OCR as appropriate.

SEVENTH:

The FHWA field offices will submit AAPs to Washington Headquarters for review and approval or disapproval. Review and approval actions will be coordinated with the affected operating elements.

EIGHTH:

The approval of the initial program submissions will be made by the FHWA, UMTA, and FRA Administrators, as appropriate, unless an agency elects to waive this responsibility.

NINTH: Complaints R E S E R V E D.
TENTH: Enforcement Action R E S E R V E D.
ELEVENTH:

The FHWA, UMTA, and FRA will notify their respective field offices and other relevant parties of the Memorandum of Understanding.

TWELFTH:

The procedures and requirements established by or pursuant to this Memorandum of Understanding shall be applied prospectively only and shall not affect actions in progress or commitments to correct deficiencies. The FRA and UMTA shall provide FHWA such reports, data, and other materials as will enhance the capability of FHWA to execute its lead responsibility effectively.

THIRTEENTH:

The terms and conditions set forth in this Memorandum of Understanding will apply, as appropriate, to the 40 State DOTs presently in existence and any other State agencies that subsequently convert to State DOTs.

FOURTEENTH:

The Departmental Office of Civil Rights will periodically review the effectiveness of this arrangement in carrying out applicable Departmental civil rights policy and program enforcement, and will initiate any procedural changes deemed necessary.

FIFTEENTH:

The effective date of this Memorandum of Understanding will be determined by the affected parties.

APPROVED: Original Signed by:      FOR______________________
Administrator, Federal Highway Administration
  Original Signed by:______________________
Acting Administrator, Urban Mass
Transportation Administration
Original Signed by:______________________
Administrator, Federal Railroad
Administration


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