Draft ROCOG Title VI & Limited English Proficiency Plan 2022

The U.S Department of Transportation’s (USDOT) Title VI regulations require that all programs which receive funding from the Federal Highway Administration (FHWA) and/or Federal Transit Administration (FTA) must be compliant with Section 601 of Title VI of the Civil Rights Act of 1964, which states:

No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

The Rochester – Olmsted Council of Governments (ROCOG) is the federally recognized Metropolitan Planning Organization (MPO) for the Rochester area, responsible for preparation of a Regional Long Range Transportation Plan, an annual 4-year Transportation Improvement Program (TIP) that identifies future projects that will receive federal funding, and conducting other planning studies to address transportation issues and needs in the Olmsted County area.

As a recipient of USDOT financial assistance for its planning activities, ROCOG is required to prepare a Title VI Program in accordance with the guidance contained in FTA Circular 4702.1B, with the objectives to:

• Ensure that the level and quality of transportation facilities and services are planned for and provided in a nondiscriminatory manner.

• Promote full and fair participation in transportation decision-making without regard to race, color, or nation origin.

• Ensure meaningful access to transportation planning-related programs and activities by person with limited English proficiency.

As a subrecipient of USDOT funding, the Rochester-Olmsted Council of Governments (ROCOG) is required to prepare a Title VI Plan containing:

• Steps ROCOG will take to notify the public of its Title VI responsibilities.
• Procedures available to individuals for filing a discrimination complaint.
• Listing of any Title VI investigations, complaints, or lawsuits filed against ROCOG.
• A Public Participation Plan that discusses steps ROCOG will take provide for participation by Title VI individuals in MPO planning activities.
• A Limited English Proficiency (LEP) Plan that discusses ways to expand access for LEP individuals to the programs and activities of ROCOG; and
• An overview of minority representation on ROCOG’s planning and advisory bodies. ROCOG’s Title VI notice to the public.

An updated Title VI Plan must be approved by the ROCOG Policy Board and submitted to the Minnesota Department of Transportation (MnDOT) every three years. ROCOG will ensure that members of the public within the ROCOG planning area are aware of Title VI provisions and the responsibilities associated with Title VI of the Civil Rights Act of 1964. The plan is required to include a demographic profile of the metropolitan area that includes:

• Identification of areas within the community where the greatest numbers of minority populations reside.
• A description of the procedures by which the mobility needs of minority populations are identified and considered within the planning process.
• Maps that relate the areas where higher numbers of minority populations reside to the distribution of State and Federal investment for transportation purposes
• An analysis of any federally funded actions that could result in a disparate impact on the basis of race, color, or national origin.

The following paragraphs summarize the information found in each of the six main sections of the plan:

The Introduction provides an overview of the federal statutes and executive orders related to non-discrimination and LEP that ROCOG must address in administration and management of Title VI and Limited English Proficiency related activities.

About ROCOG provides a short history discussing the establishment of ROCOG and an overview of its organizational structure and general responsibilities.

Part I: Title VI Non-Discrimination Plan establishes the specific organizational responsibilities that ROCOG has to ensure that the intent of Title VI and related laws are met. This includes:

• Procedures for any individual, group or firm to follow if it believes it has been discriminated against in ROCOG planning activities;
• A general statement defining ROCOG’s Title VI Policy
• Actions ROCOG will follow in administration of any federally funded program to insure compliance with Title VI.
• Who will serve as the Title VI Coordinator and their responsibilities.

Part II: Title VI and Environmental Justice Considerations in the Planning and Programming Process discusses how the related considerations of Title VI, which focuses on limiting discrimination towards minority populations in federally funded transportation activities, and Environmental Justice, which addresses the goal of avoiding, minimizing or mitigating disparate impact on minority or low income individuals from federally funded transportation activities, will be considered during transportation planning and programming processes. This will include:

• Early and continuing public outreach to minority and low income populations to obtain their input,
• Analysis of the locational impacts of transportation investment on minority and low income population concentrations that have disproportionate impact on access to jobs and services and the travel patterns of these populations or on the quality of life of these individuals.

Part II of the plan summarizes how Title VI and environmental justice considerations are incorporated into ROCOG’s planning and programming through public participation, language access services, and technical analysis, and how it has been considered in ROCOG long range plans.

Part III – Limited English Proficiency Plan includes an assessment of the potential need for programs to assist LEP individuals and provides information for individuals on how to get appropriate language assistance if someone needs it. The assessment is based on the following Four Factor analysis that includes:

• The number and proportion of LEP persons in the ROCOG planning area who may be served by ROCOG.
• The frequency with which LEP persons encounter ROCOG programs.
• The nature and importance of programs or services provided by ROCOG to the LEP population.
• The interpretation services available to ROCOG and overall cost to provide LEP assistance in ROCOG’s jurisdiction.

Part IV: Demographic Profile of Communities of Concern includes an analysis of transportation investment in the ROCOG planning area in relation to the geographic distribution of minority and low-income populations at the Census Tract level, based on the 2016-2020 American Community Survey (ACS). The analysis looks at both public transportation service as well as major highway network investment for the purpose of identifying whether the pattern of investment suggests any disparate impact resulting from the pattern of expenditures. The analysis finds that all areas where the communities of concern reside receive comparable fixed route transit service that is equally accessible, and that the pattern of major highway investment throughout the urbanized area has equally benefitted protected and non-protected populations. To further understand the composition of population within the ROCOG Planning Area relative to race and ethnicity two additional analysis were conducted:

• The latest data available from Minnesota Department of Education (MDE) was reviewed to understand the composition of families with school age children relative to race and ethnicity.
• Data available on Environmental Justice (EJ) Screening and Mapping Tool developed by the United States Environmental Protection Agency was reviewed. Appendix H provides maps analyzing the geographic location of individuals who are non-white, , reside in a low income household, have an income considered to be below poverty level, or speak a language other than English at home. This data is illustrated at the Census Block Group level based on ACS 2015-2019 except for poverty status in ROCOG area.

The Rochester-Olmsted Council of Governments (ROCOG) is committed to compliance with  Title VI of the Civil Rights Act of 1964 , the Civil Rights Restoration Act of 1987, and all related regulations and statutes. ROCOG assures that no person or group(s) of persons shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all program, services, or activities administered by ROCOG, regardless of whether those programs and activities are federally funded or not. In addition to Title VI, there are other Nondiscrimination statutes, which include:

• Section 162(a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex);
• Age Discrimination Act of 1975 (age), and
• Section 504 of the Rehabilitation Act of 1973/ADA of 1990 (disability).

Two Presidential Executive Orders place further emphasis upon the Title VI protections of race and national origin. Executive Order 12898 ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. E.O. 13166 directs recipients of Federal financial assistance that to ensure compliance with Title VI, they must take reasonable steps to ensure that limited English proficiency persons have meaningful access to their programs. ROCOG is committed to preventing discrimination and to fostering a just and equitable society and recognizes the key role that transportation facilities and services provide in meeting these goals.

The U.S. DOT requires that federal financial assistance be provided on the condition that recipients provide an assurance that programs and activities will be conducted in compliance with Title VI of the Civil Rights Act of 1964 as specified in 49 CFR 21.7(a). To support the implementation of this requirement, the U.S. DOT provided an assurances agreement template in  U.S.DOT Order 1050.2A  that federal fund recipients and subrecipients must sign as a condition of receiving federal financial assistance.

The assurances agreement provides specific non-discrimination language that ROCOG is required to include in bid solicitations or requests for proposal, contracts, and real estate agreements. The ROCOG is committed to ensuring the necessary language is used as prescribed in the assurance agreement. 

Information is provided to the public regarding the recipient’s obligations under U.S. DOT Title VI regulations and members of the public must be apprised of the protections against discrimination afforded to them by Title VI. ROCOG’s Title VI Notice to the Public is posted on ROCOG website and at limited public locations in the community. Individuals who believe they have been aggrieved by an unlawful discriminatory practice, or wish to request more information about ROCOG’s obligations under Title VI of the Civil Rights Act of 1964 can contact the Title VI Coordinator at the following address and telephone number: Name: Ben Griffith Title: ROCOG Executive Director 2122 Campus Drive SE Rochester, MN 55904 Phone: 507-328-7100 Email:  planningweb@co.olmsted.mn.us 

A Title VI complaint may also be made by calling Minnesota Department of Transportation Office of Civil Rights at 651-366-3071 or submitting an online complaint form ( https://www.dot.state.mn.us/civilrights/nondiscrimination-complaint-form.html ). Hard copy complaint forms are available in Spanish and Somali from MnDOT upon request.

Executive Order 12898 “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” was issued in 1994, which builds upon Title VI principles by including the consideration of low-income populations in addition to minority populations in the transportation planning and decision-making process. The principles of environmental justice (EJ) are to:

• Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority and low-income populations.
• Ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.
• Prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.

Although Title VI and EJ intersect and are closely related, they each have their own distinct authorities and requirements. Title VI prohibits intentional discrimination or disparate treatment on the basis of race, color, and national origin, whereas environmental justice policies require in addition that disproportionately high and adverse effects of proposed decisions on low- income and minority populations must be considered in Federal programs and policies.

ROCOG applies the goals and principles of Title VI and Environmental Justice requirements to address the mobility needs of minority and low income populations during the transportation planning and programming process by:

• promoting inclusive public participation that seeks to inform and engage all members of the public, including traditionally underserved populations, during the transportation planning process.
• insuring documents and materials produced during the planning process are accessible to all individuals by taking reasonable steps to ensure meaningful access to programs and activities who have a limited ability to read, write, speak or understand English, and.
• utilizing existing data and resources such as Census data and local community organizations that provide assistance to Title VI and Environmental Justice populations in order to identify where these populations reside in the community and to establish connections to these communities through established organizations and programs that work with Title VI and Environmental Justice populations on an ongoing basis.

ROCOG has adopted a Public Involvement Plan (PIP), approved by ROCOG Board on May 25, 2022, that provides a framework for engaging the public in the regional transportation planning and programming process. ROCOG recognizes that effective public involvement is inclusive of the needs of all transportation system users with an emphasis on traditionally underserved populations. The goals of the PIP include:

• Inform the Public and Engage Citizens in the Transportation Planning Process,
• Facilitate two-way communication between the public and key decision makers,
• Evaluate effectiveness of public participation strategies

The PIP recognizes that multiple stakeholders that are important participants in the transportation planning process. Further information regarding the PIP can be found on ROCOG’s website at: https://www.olmstedcounty.gov/sites/default/files/2022-6/final%20PIP%202022_0.pdf

Under Executive Order 13166, issues in August 2000, recipients of federal financial assistance must take reasonable steps to ensure meaningful access to their programs and activities for individuals who have a limited ability to read, write, speak, or understand English. Part III of this document outlines the procedures and practices ROCOG uses to provide meaningful access to its programs and activities for LEP populations.

ROCOG is committed to continuing efforts to enhance the analytical capability for assessing distributional impacts of transportation programs, policies, and projects in its transportation plans and the TIP. Among the specific analytical activities undertaken on a regular basis include conducting an environmental justice (EJ) or community impact assessment during periodic updates of the Metropolitan Transportation Plan (MTP), which is required every 5 years, and during preparation of the annual ROCOG Transportation Improvement Program (TIP). These analysis looked at the distributional effects of planned or programmed roadway, transit, and bicycle projects relative to areas where concentrations of minority populations and/or low-income populations reside to determine the extent to which these areas are negatively or positively impacted by projects.

Part IV of the report, summarized below, highlights how 2023-2026 programmed Transportation Improvement Program projects overlap EJ population areas in the Rochester Urbanized Area.

The Limited English Proficiency Plan addresses ROCOG’s responsibilities as a recipient of federal assistance related to the needs of individuals with limited English language skills. Recipients of federal funds must take reasonable steps to remove barriers for LEP individuals. Executive Order 13166 requires agencies to examine the planning activities or services they provide, identify any need for services to assist those with Limited English Proficiency (LEP) gain meaningful access to the services and activities or ROCOG, and to undertake actions that will provide LEP persons adequate and understandable information and allow them to participate in programs and activities.. The Limited English Proficiency (LEP) Plan must be consistent with the fundamental mission of the organization, though not unduly burdening the organization.

The plan outlines the procedures and practices ROCOG uses to provide meaningful access to its programs and activities for LEP populations within the Rochester Metropolitan Planning Area. The plan outlines the following elements:

• Determining the Need for Language Assistance:
  • Conduct a Four Factor Analysis to determine the level of assistance needed for LEP populations
• Language Assistance Services Provided
• Translation of Documents and Oral Interpretation Services
• Monitoring, Evaluating, and Updating the Language Assistance program
• Ongoing Staff Training

In order to assess the level of need for Language Assistance in the ROCOG area, two analysis of population were completed. These included:

• Analysis of information from the 2016-2020 American Community Survey conducted by the U.S. Census Bureau
• Analysis of data from the Minnesota Department of Education that looks at the primary language spoken at home for school children in the ROCOG area

LEP Population Metrics from American Community Survey

Figure 2 identifies the number of persons for whom a language other than English is the primary language spoken at home. Data is reported by Census Tract, with the centerpoint of each Census Tract symbolized to represent the percentage of LEP persons residing in the tract. In the remainder of Olmsted County outside of the Rochester urban area shown in the map all Census Tracts have less than 1% of their population considered to be limited English proficient. Areawide, the number of persons who speak a language other than English at home, and who do not speak English very well, is 5% of the overall population.

LEP Population Metrics from the Minnesota Department of Education

While the data from the American Community Survey provides an estimate of the total number of people who do not speak English very well and how they are distributed by Census Tract across the area, the Minnesota Department of Education provides a more focused resource with detailed insight into what languages are spoken in these households. Knowing which languages make up the bulk of the Limited English Proficiency populace helps to inform what type of translation or oral interpretation services will be needed.

Figure 3 reports data for the Rochester School District which shows that Spanish and Somali are the two primary non-English languages found to be spoken at home based on this survey of students. Both of these languages are at or above the 5% threshold which identifies those languages for which at a minimum the MPO should have translation and oral interpretation resources available.

Figure 4 reports the results of the summary run for the other primary school districts serving families in the ROCOG area, which included Byron, Stewartville and Dover-Eyota School Districts. In these districts no non-English language was spoken in more than 1.5% of families in any of these Districts, and in no district did the total number of families speaking a language other than English reach 2%. In these school districts the most common non-English language was again Spanish, but at a much lower level than found in the Rochester School District.

In order to provide needed language assistance, it is necessary for ROCOG to be able to identify a LEP person and to provide reasonable measures to assist those individuals with their language assistance needs. Language assistance can include interpretation, which means oral or spoken transfer of a message from one language into another language, or translation, which means the written transfer of a message from one language into another language. Measures that ROCOG may use to assist in communication with an LEP person include:

• Include information in ROCOG meeting agendas and other written or online communications regarding the availability of LEP language assistance services available for populations needing assistance requiring translation of information into languages that LEP persons would understand.
• Posting signs at conspicuous and accessible locations notifying LEP persons of ROCOG’s commitment to insuring language accessibility for LEP individuals and how to access language services
• Posting information regarding availability of language services on the ROCOG web site and in the public reception area of ROCOG offices
• ROCOG staff will have access to ISPEAK flash cards developed by the U.S Census Bureau to assist in identifying the language interpretation needed if the occasion arises, as well as additional resources available from the federal government through the Interagency Working Group on Limited English Proficiency (LEP) which can be accessed at  Welcome to LEP.gov 
• When ROCOG sponsors an informational meeting or event, advanced public notice of the event should include notice that translator services (for LEP individuals) or interpreter (sign language for hearing impaired) services are available upon request.

The overall prevalence of Title VI and LEP populations along with individuals residing in low-income households and disabled individuals were investigated by ROCOG staff using data from the 2016-2020 American Community Survey. Population totals for each of these four groups of interest were determined for the overall ROCOG Planning Area and for Rochester Urbanized Area. The percentage share of populations on an areawide basis are used as the threshold values for identifying which Census Tracts or Census Block Group have a sufficiently high proportion of persons of interest and thus should be included when conducting a Title VI or Environmental Justice analysis. These same results can also be used as an indicator to identify where consideration should be given to undertaking additional efforts to engage populations of concern during the development of transportation plans or projects.

Given the difficulty that can be encountered in reaching communities of concern during planning or programming activities, ROCOG staff has made efforts to reach out to low-income and minority populations by partnering with groups that work closely with those populations. The following organizations are among those who ROCOG has worked with to reach out Title VI, LEP and Environmental Justice communities

• Adult Learning Center - Brookside
• Community Learning Center
• Diversity Council
• Elder Network
• Hiawatha Homes
• Hope Coalition
• Intercultural Mutual Assistance Association
• Rochester Public Transit
• Rolling Hills Transit
• SEMCAC, Community Action Partnership, Helping People Changing Life
• Southeast Minnesota Area Agency on Aging
• Southeast Minnesota Center for Independent Living
• Southeast Minnesota Together
• Southern Minnesota Initiative Foundation
• Three Rivers Community Action
• Women's Resource Center

The primary vehicle for assessing the impact of transportation investment on Title VI and Environmental Justice populations is the annual ROCOG Transportation Improvement Program (Click on this link for the current 2023-2026  Transportation Improvement Program (TIP) | Olmsted County, MN  ). See pages 77 to 86 of the TIP for the most current information on planned federally supported transportation projects in the ROCOG Area and an assessment of the community impact of those projects.

Shown below are a series of figure that illustrate future transportation projects relative to the location of various Title VI or Environmental Justice populations at the Census Tract Level.

Figure 6 illustrates future planned highway projects in relation to minorities and their poverty status by census tract in the ROCOG area. As can be seen in the figures, majority of minority African American and Hispanic populations are residing in the southeast, northwest and in and around downtown areas of Rochester Urbanized area. It is also witnessed some minority population also resides in the northeast and southwest side of Rochester.

Figure 7 illustrates the location of Title VI populations relative to future public transit and bus rapid transit network. As shown in the figures, transit services planned for development in the urban area of Rochester over the next 20 years along with proposed corridors for anticipated Bus Rapid Transit service. Generally, all areas within the downtown and around downtown are well served with existing transit system and planned future transit and rapid transit bus network. We can see that the minority populations live within reasonable distance of existing and future transit facilities and are provided with service that is comparable to that provided to majority population.

Figure 8 highlights the census tracts where high percentage of people with disabilities and below poverty level reside relative to the existing bus route. It is evident that those populations are well serviced by the current bus routes and future rapid transit network planned for Rochester Urbanized Area.

Figure 9 reflects the existing and future active transportation projects in relation with minority populations in Rochester Urbanized Area and rural area of ROCOG. It is evident that both urban area and rural area plan recommend many active transportation improvements in and around the census tracts where minority populations reside.

The following figure shows the map of Regional Transit Service to the small cities and beyond in ROCOG area. Regional Hubs/Park ’n’ Ride locations and Rolling Hills Transit Service that serves four major communities in ROCOG area. The regional service provides transit service to Byron, Stewartville, Dover and Eyota as shown in the map. It is important to note that very low percentage of minority population reside in the rural areas of ROCOG.

The following slideshow provides a map gallery showing the geographic location of the minority, low income and LEP populations at the geographic level of Census Block Groups (CBG). This analysis is conducted based on data available on the Environmental Justice (EJ) Screening and Mapping Tool (https://www.epa.gov/ejscreen). EJ Screen is an environmental justice mapping and screening tool developed by the Environmental Protection Agency (EPA) which provides a nationally consistent dataset and approach for combining environmental and demographic indicators. All data is illustrated at the Block Group level except for poverty status in ROCOG area.

The Rochester Olmsted Council of Governments (ROCOG) operates its programs without regard to race, color, or national origin. If you believe you have been aggrieved by an unlawful discriminatory practice, or wish to request more information about ROCOG’s obligations under Title VI of the Civil Rights Act of 1964, please contact us at the following address and telephone number:

 Phone: 507-328-7100 Email:  planningweb@co.olmsted.mn.us 

A Title VI complaint may also be filed by contacting the Transportation Office of Civil Rights at 651-366-3071 or submitting an online complaint form to the Minnesota Department of Transportation at ( https://www.dot.state.mn.us/civilrights/nondiscrimination-complaint-form.html ).

Hard copy of complaint forms are available in Spanish and Somali from MnDOT upon request.

Please follow this link to view the full  ROCOG Title VI and the Limited English Proficiency Plan 2022: