In a letter dated October 2007 from EEO Manager Karen Sparkman, she reiterates the following comments from Bob Ashby, Deputy Assistant General Counsel for Regulations and Enforcement, in the Office of General Counsel, USDOT:
“If the MPO is a direct recipient of FTA funds, and $250+ of those funds are used for contracts, then the MPO should have its own DBE program. If not, and the DOT funds it gets are FHWA or FTA funds as a sub recipient of the state DOT, then (like other sub recipients) it can be subsumed under the state DOT plan. Alternatively, it could also have its own DBE program if the MPO wanted to and it was agreeable to the DOT. If the MPO (as is most likely the case) is a sub recipient and comes under the state DOT program, Federally-assisted MPO contracts would still have to have contract goals, where needed, to meet the state DBE overall goal’s race-conscious component.” Based on this information, a MPO may adopt the ITD DBE Plan by establishment of a Memorandum of Understanding (MOU).
In a letter dated September 2009 from EEO Manager Karen Sparkman, she states ITD has received new guidance from FHWA instructing ITD to develop and establish a Memorandum of Understanding for both the DBE and Title VI program areas. Therefore, ITD has developed two MOUs, one for the DBE Program and one for Title VI, both of which will replace MPO Plans.
In November 2009, ITD and BMPO established an agreement whereas BMPO adopts the Idaho Transportation Department approved Disadvantaged Business Enterprise Program Plan as the official document for implementation of the requirements of 49 CFR 26. ITD updated the (DBE) Plan in February 2012.
In November 2009, ITD and BMPO established an agreement whereas BMPO adopts the Idaho Transportation Department approved March 2009 Title VI Plan as the official document for implementation of the requirements stated under Authority of this document.