Staff recommends that the City Council approve the MPO Title VI Assurance and authorize the Mayor to sign.

The purpose of this requested action is to ensure that the City of Billings (as the fiscal receiving agency) and the Billings Metropolitan Planning Organization (MPO) comply with Title VI Assurance as mandated by federal regulation.  The Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A is a document issued by the U.S. Department of Transportation (DOT) to ensure compliance with Title VI of the Civil Rights Act of 1964 and related non-discrimination statutes. Here are the key points:

• The order outlines the requirements for recipients of federal financial assistance from the DOT to comply with Title VI and other non-discrimination statutes. It aims to prevent discrimination on the basis of race, color, national origin, sex, disability, and age in programs and activities receiving federal assistance.
• Recipients must provide written assurances that they will comply with Title VI and related statutes. This includes ensuring that no person, on the grounds of race, color, national origin, sex, disability, or age, is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.
• The order details the responsibilities of recipients, including the development of a Title VI Program, designation of a Title VI coordinator, and the establishment of a complaint process. Recipients must also conduct regular reviews of their programs and activities to ensure compliance.
• The DOT has the authority to enforce compliance through various means, including compliance reviews, complaint investigations, and the imposition of sanctions or remedial actions if violations are found.
• Recipients are required to maintain records and submit reports to the DOT documenting their compliance efforts and any complaints of discrimination received.

Overall, DOT Order No. 1050.2A sets forth the obligations of recipients of federal funds to ensure non-discrimination and to promote equal access and opportunities in transportation programs and activities.

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City Council may:

• Approve the Standard Title VI/Non-Discrimination Assurance Order and authorize the Mayor to sign; or,
• Not Approve the Standard Title VI/Non-Discrimination Assurance Order. By not approving and authorizing the Mayor to sign it could significantly jeopardize continued Federal funding to the Billings Metropolitan Planning Organization.

The signing of this assurance ensures continued federal funding of the MPO and other federal funds awarded to the City of Billings. A local government or an MPO that does not sign the Title VI assurance document can face several fiscal effects, as this document is a key compliance requirement for receiving federal transportation funding. Here are some potential impacts:
1. Loss of Federal Funding: The most direct fiscal impact is the potential loss of federal transportation funds. The Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) require Title VI compliance to ensure non-discrimination in federally funded programs.
2. Suspension of Ongoing Projects: Without Title VI assurances, ongoing projects that rely on federal funding might be halted, causing delays and increased costs.
3. Ineligibility for Future Grants: The MPO could become ineligible for future grants and funding opportunities, which could significantly reduce the resources available for transportation planning and projects.
4. Legal and Administrative Costs: Failure to comply with Title VI can result in legal challenges and administrative reviews. The MPO might incur costs associated with defending against claims of non-compliance or addressing findings from federal audits.
5. Operational Disruptions: The MPO might face operational disruptions as it works to come into compliance. This can include administrative costs associated with implementing new policies, training staff, and updating procedures to meet federal requirements.
6. Impact on State and Local Funding: In some cases, state and local funding entities might also impose sanctions or reduce funding if the MPO is found to be non-compliant with federal requirements.

To avoid these negative consequences, it is crucial for MPOs to sign and comply with Title VI assurances, ensuring they maintain eligibility for federal funding and uphold their commitment to non-discrimination in their programs and activities.

Adhering to the requirements of Title VI is not only a legal obligation but also a commitment to ensuring nondiscrimination and equal access to transportation services for all residents of the Billings MPO. Council's prompt attention to this matter and approval of the Title VI Assurance is crucial for the continued development and improvement of the city's transportation infrastructure.