ITD Communication Portal

The first step in planning and project development is the identification of stakeholders. In order to accomplish this, it is important to understand what a stakeholder is. Loosely defined, a stakeholder is a person or group of people who can affect or be affected by a given plan or project.

Stakeholders can be individuals working on a project, groups of people or organizations, or a specialized segment of a population. A stakeholder may be actively involved in a plan or project’s work, affected by the plan or project’s outcome, or in a position to affect the plan or project’s success. Stakeholders can be an internal part of a project’s organization, or external, such as customers or members of a community. Do not forget that there are internal stakeholders to consider too.

Stakeholder identification is the process used to identify all interested parties for a plan or project. It is important to understand that not all stakeholders will have the same influence or effect on a project, nor will they be affected in the same manner. There are many ways to identify stakeholders for a plan or project; however, it should be done in a methodical and logical way to ensure that stakeholders are not easily omitted. This may be done by looking at stakeholders organizationally, geographically, or by involvement with various project phases or outcomes.

The table below sites some examples of stakeholders that can fall into a variety of categories. This list may be helpful when considering who you should contact or engage during the planning or project development process.

Another way of determining stakeholders is to identify those who are directly impacted by the project and those who may be indirectly affected. Directly affected stakeholders will usually have greater influence and impact on planning and project development than those indirectly affected. Those indirectly affected may include an adjacent organization or members of the local community.

An outcome of identifying stakeholders should be a plan or project Stakeholder Register (see example below). This register can be created simply in Microsoft Excel and tracked for the life of the plan or project. The register is where the project team captures the names, contact information, titles, organizations, and other pertinent information of all stakeholders. This is a necessary tool during that will provide significant value for the project team to communicate with stakeholders in an organized manner.

Planning for and executing appropriate strategies to involve and communicate with the public-at-large and with individual stakeholders throughout the life cycle of transportation impacts is critical in ITD’s effort to maintain transparency with the public. To effectively manage public outreach plans and activities, staff need information and recommended tools to analyze the depth and breadth of outreach needs so they can decide how best to meet them. The Public Outreach Planner (POP) is that resource and a tool.

The POP is intended to assist ITD staff in assessing the range of outreach needs, identifying tools that may be used in meeting those needs, and providing an estimate of the potential costs associated with their implementation. POP Levels and their recommendations are not mandated and staff are not held to any requirements. The POP is a resource designed to help ITD staff make educated decisions about public outreach.

Through a series of customized multiple-choice questions, the POP guides project teams to a POP Level of 1 through 5. Each level provides recommended budget estimates, staffing needs and appropriate tools and techniques for various types of transportation impacts. Through the POP, project teams can not only determine what public involvement methods and tools are the best fit for their project and budget, but they can learn more about how to effectively design, develop and execute them.

Every transportation impact has its own unique community and stakeholders that need to be communicated with in a way that produces constructive public involvement and builds understanding about the need for transportation funding. The POP prompts users to reflect on their targeted public and make determinations about what communication techniques will be the most effective.

More information on how to use the POP, including steps to complete the POP, can be found in Appendix F.

There are some very important stakeholders that we need to consider that may not regularly attend meetings, hearings or outreach opportunities. These special groups may need extra special outreach processes to engage them. Title VI of the 1964 Civil Rights Act and President’s Executive Order (EO) 12898 Environmental Justice (EJ) identify specific population groups that are a special focus in transportation planning and project development. Specific reporting requirements within these regulations make participation in transportation planning and project development more inclusive of diverse communities in planning and project areas. By including the concerns of these special populations, the needs of all groups and individuals regardless of race, age, income, etc., can be identified and addressed.

To meet the needs of the Title VI and EO 12898, ITD has developed these guidelines and the ITD Environmental Process Manual, Section 2000. These two plans provide guidance for ITD staff, public, consultants and jurisdictional partners when conducting Title VI and EJ activities for the transportation planning and project process. The approach to identify, engage, and address the needs of protected populations in the development of ITD statewide policy, facility, local and regional transportation system, and similar long-range planning plans are also addressed in these plans. ITD’s goal is to be inclusive of all groups, and achieve greater consistency and more systematic Title VI and EJ project analyses and reporting.

ITD addresses EJ throughout the planning, programming, environmental, and preliminary engineering phases of project scoping and development. During the project planning process, effects on EJ populations are identified. In addition to a project-by-project analysis, ITD is responsible for ensuring that its overall Transportation Investment Plan does not disproportionately distribute benefits or negative effects to any EJ population. ITD’s 5-year Transportation Plan is located at: http://apps.itd.idaho.gov/apps/ocr/civil/pdf/EJPlan.pdf.

EJ is reviewed for every project however; the complexity of a project will determine the extent of EJ analysis required. ITD’s Environmental Process Manual, Section 2000 provides a methodology for analyzing EJ communities per project. The analysis typically involves identifying populations then analyzing whether the risk of exposure by a minority population or low-income population to an environmental hazard is significant and appreciably exceeds, or is likely to appreciably exceed, the risk or rate to the general population or another appropriate comparison group. Public meetings are also held to ensure an EJ community potentially impacted by a project has an opportunity for input during the NEPA process.

A full overview of ITD’s Environmental Justice Guidelines can be found in Appendix C.

A Metropolitan Planning Organization (MPO) is an association of local agencies that coordinate transportation planning and development activities within a metropolitan area. Establishment of an MPO is required by law in urban areas with populations of more than 50,000 in order for the area to use federal transportation funding. There are five MPOs in Idaho:

• Bannock Transportation Planning Organization (BTPO)   Visit site
• Bonneville Metropolitan Planning Organization (BMPO)   Visit site
• Community Planning Association of Southwest Idaho (COMPASS)   Visit site
• Kootenai Metropolitan Planning Organization (KMPO)   Visit site
• Lewis-Clark Valley Metropolitan Planning Organization (LCVMPO)   Visit site

MPOs are designed to ensure coordination and cooperation among the various jurisdictions that oversee transportation within the urban area. MPO decision-making is guided by:

1. A policy board, generally comprised of local elected officials and public agency officials who administer or operate major modes of transportation, and
2. A technical advisory group of professional planners and engineers who are often employees of the same agencies.

An MPO is not a level of government; however, the MPO has effective control over transportation improvements within their metropolitan planning area since a project must be a part of the MPO's adopted long-range plan and be placed in their Metropolitan Transportation Improvement Program (MTIP) in order to receive federal funding. According to federal regulations, MPOs have independent public involvement responsibilities. Idaho’s MPOS play an important role in coordination and consultation with ITD for transportation planning across the state, and federal law requires coordinated planning with the metropolitan transportation planning activities for metropolitan areas of the State. States are encouraged to rely on information, studies, or analyses provided by MPOs for portions of the transportation system located in metropolitan planning areas.

Because of this, ITD should look for every opportunity to engage MPOs on both the development and implementation of regional projects. Some tips and best practices for MPO consultation include:

• Coordinated data collection and analysis.
• Participation in policy board and technical advisory group meetings.
• Informal communication and relationship building with local MPO directors.
• Invitation to MPOs to participate in public meetings/open houses.
• Adequate notice of ITD public involvement activities.
• Opportunity to participate in the early development and selection of projects.
• Exploration of ways to implement long range plans together.
• Consultation with MPO directors on best practices for working district offices which could include an updated organizational chart of your district staff on an annual basis.
• Providing ITIP/STIP comments to MPOs, for informational purposes.
• Soliciting feedback on the effectiveness of ITD’s consultation with MPOs (similar to the nonmetropolitan local consultation process) as well as discussing success stories and lessons learned.

ITD developed and adopted a Non-Metropolitan Local Official Consultation Process Plan in February 2016 in compliance with federal code 23 CFR450.210 (b). This regulation requires each state to have a documented process “for consulting with local officials” located outside of federally designated metropolitan planning areas during the development of statewide or district transportation plans and the ITIP. States are further required in federal code 23 CFR 450.210(b)(1) to review this process and solicit comments every five years regarding the effectiveness of the consultation.

The term “non-metropolitan local official” is defined as “the elected and appointed officials of general purpose local government, in non-metropolitan areas, with jurisdiction/responsibility for transportation.” This may include highway districts, counties, cities, towns, townships and villages.

ITD’s consultation goals are to:

• Enhance the consistency and effectiveness of ITD’s consultation commitments based on local officials’ comments during the state’s long-range transportation visioning
• Further consistency in responding to non-metropolitan transportation needs
• Outline the statewide and district-specific commitments for local consultation on the nonmetropolitan elements of statewide transportation planning
• Enrich local consultation by providing formal opportunities to review and comment on the projects to be included in the ITIP
• Comply with the provisions of 23 CFR 450.212 documenting non-metropolitan local officials’ participation in statewide transportation planning and development of the ITIP

ITD utilizes a variety of methods to consult with Non-Metropolitan Officials and their agencies:

• ITD Board Outreach & LHTAC Partnership (Appendix D)
• Multi-Jurisdictional Transportation Planning Groups
• Information – Communication Technology
• Public Meetings and Hearings

For every project that meets the Noise Type 1 criteria (ITD Traffic Noise Policy), local officials need to be notified of the results of the project’s noise analysis. In general, Noise Type 1 projects are those that add a travel through-lane to a project. It is the responsibility of the District/LHTAC environmental staff to provide local jurisdictions with an estimate of future noise levels (for various distances from the highway improvement) for both developed and undeveloped lands and properties in the immediate vicinity of the project. District/LHTAC staff should also provide information that may be useful to local communities to protect future land development from becoming incompatible with anticipated highway noise levels. The FHWA document, Entering the Quite Zone, Noise Compatible Land Use Planning, serves this purpose. This notification also serves to inform local officials that after the publication date of the NEPA document, referred to as the “Date of Public Knowledge,” ITD and FHWA are not responsible for noise abatement in the project area.

ITD’s noise policy is derived from 23 CFR Part 772 Procedures for Abatement of Highway Traffic Noise. For more specifics on Noise Type 1 projects, see the ITD Traffic Noise Policy.

Regional Planning Organizations (RPOs) serve as the designated transportation planners for many rural areas, are part of the transportation networks and economies of surrounding metropolitan and non-metropolitan areas. The statewide and metropolitan area transportation planning processes, as defined in 23 USC § 135(m), provide multiple opportunities for participation by RPOs or nonmetropolitan officials with responsibility for transportation participation. The Madison County RPO was formed in September 2013 and is the first of its kind in Idaho. The RPO has been an effective way for rural agencies within Madison County and ITD to jointly discuss and plan for the current and future transportation needs of the county. When the RPO was first established, they worked closely with ITD’s District 6 in planning and infrastructure discussions.

MAP-21 and the FAST Act indicate that rural areas may develop RPOs. In the cases where RPOs exist, ITD will ensure that communication, coordination and consultation will occur when developing plans and projects.

Each of ITD’s six districts regularly participates in several multi-jurisdictional transportation planning groups. As a member of these groups ITD provides information and collects input on ITD’s ITIP and other statewide transportation planning efforts. ITD encourages and supports the development of multi-jurisdictional transportation planning groups that include local governments responsible for transportation as well as other interests such as freight, schools, federal or state agencies to name but a few.

Where multi-jurisdictional transportation planning groups have been formed, the ITD District Engineer and/or other appropriate ITD staff will participate and consult with these groups concerning regional short and long-range transportation planning issues and the inclusion of transportation projects in the ITIP. Where these groups have not formed, the ITD district and local officials will develop alternate methods agreeable to local jurisdictions for review, prioritization and recommendation of projects to the ITIP. For details on district-specific multi-juristictional transportation planning groups, please see Appendix E.

Tribal consultation is the federally mandated process for timely and meaningful notification, consideration and discussion with tribes on actions proposed by Federal, State and local governments that may impact tribal lands and property. Tribal lands are defined as all lands within the boundaries of any Indian Reservation and all dependent Indian communities. It is important for tribal governments to be involved before these actions are taken.

Visit the Native American Consultation Database to identify federally recognized Native American tribes and contacts with reservation land or land area claims in Idaho, searchable by county.

TRIBAL SOVEREIGNTY

The basis and reason for tribal consultation is tribal sovereignty the authority to govern themselves and to make and enforce their own laws within their own lands. Tribes have inherent sovereign authorities, which arise from tribes having been self-governing long before explorers and settlers came to the New World. Tribes are not foreign nations, but “domestic dependent nations.”

Federal Actions that protect tribal sovereignty and mandate government-to-government consultation include:

1994: Presidential Memorandum: Government-to-Government Relations with Native American Tribal Governments

This memorandum requires Federal agencies to undertake consultation in a manner that respects tribal sovereignty. Its guiding principles, shown in the text box, continue today. The memorandum is available at https://www.justice.gov/archive/otj/Presidential_Statements/presdoc1.htm

1996: Presidential Executive Order 13007: Indian Sacred Sites

This directs Federal agencies to protect tribal sacred sites and accommodate tribal access to them. The executive order is available at http://www.achp.gov/EO13007.html

2000: Presidential Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

This executive order mandates Federal consultation with tribal governments. The executive order is available at https://energy.gov/nepa/downloads/eo-13175-consultation-and-coordination-indian-tribal-governments-2000

2009: Presidential Memorandum on Tribal Consultation

This most recent presidential action affirms Executive Order 13175 (above) stating:

The memorandum is available at https://energy.gov/em/downloads/presidential-memorandum-tribal-consultation-2009

Outside governments, including state agencies, must respect tribal sovereignty when undertaking actions that may impact tribal lands and property.

Guiding Principles for respecting tribal sovereignty:

• Operate within a government-to-government relationship with federally-recognized tribal governments.
• Tasks: Identify communication channels between ITD’s decision-makers and a tribe’s Business Council. The Business Council is the tribes’ decision-making body, typically made up of elected officials by the tribe.
• Consult with tribal representatives before taking actions that affect federally-recognized tribes.
• Tasks: Build relationships on a staff level with tribes. Involve both staff and business council early in the project and planning process.
• Assess the impact of activities on tribal trust resources and assure that tribal interests are considered before activities are undertaken.
• Tasks: Incorporate tribal staff in project planning, design and execution.
• Remove procedural impediments to working directly with tribal governments.
• Tasks: Cultivate relationships during projects and planning and outside of project work. Building and maintaining these relationships provide for successful future project endeavors.

IMPLEMENTING TRIBAL CONSULTATION

Consultation with tribes needs to occur on two levels:

Consultation between leadership of the tribe and leadership of transportation agencies.

There needs to be a good faith effort to communicate with the tribal leadership. This communication should be documented, along with the input or comments from the tribe and reflecting how tribal concerns were taken into account.

Communication directly between agency staff and tribal staff.

The staff-to-staff level communication usually addresses technical topics, involving exchange of specific information relating to specific projects. Cultural resource issues relating to Section 106 of the National Historic Preservation Act are the most common of these staff to staff communications.

The USDOT Tribal Consultation Plan provides direction to FHWA and the other USDOT agencies. Direction that applies at the Division/State level includes:

1. Respond to the transportation concerns of tribes related to environmental justice, children’s health and safety and environmental health, occupational matters, and environmental matters.
2. Contact and communicate with tribal governments; communicate with tribal leaders on emerging issues that could impact or be of interest to them.
3. Seek tribal government representation in meetings, advisory committees, etc., concerning issues with tribal implications.
4. Notify tribes of grant opportunities.
5. Provide technical assistance to tribes on changes to legislation, regulations, and programs.

There are three primary areas where consultation needs to occur with ITD of the Interior (DOI) and other and federal land management agencies:

Right of Way: Federal Land Management agencies adjacent to ITD right-of-way oftentimes include Bureau of Land Management (BLM), U.S. Forest Service (USFS), U.S. Fish and Wildlife Service (USFWS) (game refuges) and National Park Services (NPS). The land management agencies can’t “give away” land they manage – this includes transferring to non-federal agencies. If right-of-way is a concern with a project, contact FHWA. Once, FHWA understands ITD’s right-of-way needs, they will approach the appropriate land management agency and give them justification for why they need particular ground for public transportation purposes. Land Management agencies can transfer land easements to FHWA and FHWA can give it to ITD.

4(F) Impacts: Section 4(f) refers to the original section within the U.S. Department of Transportation Act of 1966 which established the requirement for consideration of park and recreational lands, wildlife and waterfowl refuges, and historic sites in transportation project development. If there is no adverse effect, ITD can make a finding of de minimums impact. If project fits in parameters that fall within de minimums impact, FHWA approves. If the land does not qualify for de minimums impact, there are five programmatic consultations:

Now that you have identified who your stakeholders are, you need to learn more about them and how they may feel about your plan or project. The best way to understand your stakeholders is to communicate with them. Here are a few key questions that can assist you:

• What financial or emotional interest do they have in the outcome of the plan or project. Is this positive or negative? What motivates them most of all?
• What information do they want from you? What is the best way of communicating your message to them? How often? Will you need a special communication process just for them?
• Who in the community influences their opinions generally? Are these influencers important enough to become stakeholders too?

Summarize this information in a Stakeholder Register (see example below) so that you can easily see which stakeholders are expected to be blockers or critics; and which ones are likely to be advocates or supporters of the plan or project. Again, take a close look at each stakeholder to gather more in depth information in order to understand their impact, involvement, communication requirements, and preferences. Ask yourself:

• Is this stakeholder organized? Are they a cohesive organization?
• Do they support this project or are they critical of it?
• How influential or powerful are they?
• Do they prefer to be notified via phone call or email? How often?
• What is this stakeholder’s interest in this project?

Stakeholder assessment is analysis the potential impact (positive or negative) a plan or project will have on a stakeholder. The information is used to assess how the interests of those stakeholders should be addressed in a plan or project. The benefits of using a stakeholder-based analysis are that:

• You can use the opinions of the most powerful stakeholders to shape your plan or project at an early stage. Not only does this make it more likely that they will support you, their input can also improve the quality of the plan or project.
• Gaining support from powerful stakeholders can help with obtaining additional resources such as staff or funding – which makes it more likely that the plan or project will be successful.
• By communicating with stakeholders early and frequently, you can ensure that they fully understand what you are doing and understand the benefits of the plan or project – which means they can actively support you if it becomes needed.
• You can anticipate what people’s reactions to your plan or project may be, and build into the plan or project the actions that will win stakeholder support.

Stakeholder Management is where you will use all of the information you’ve collected and develop a strategy to manage stakeholders. No matter how much you plan or how invested you are in a project, poor stakeholder management can easily cause a project to fail. It is a key component of executing and completing a successful project. A large portion of stakeholder management focuses on communication and when to reach out.

The cornerstone of stakeholder management is understanding who needs what information and when or how often they need it. Keep in mind that that there may be stakeholders who support the project and those who may either be opposed to it or who present obstacles to the project’s success. Your stakeholder management strategy must be geared toward maintaining support from those who are in favor of the plan/project while winning over those opposed or at least mitigating the risks they may present.

The questions you’ve asked and answered about each stakeholder in the Stakeholder Analysis process are your guide for how to interact with each stakeholder and satisfy their individual requirements. By determining how powerful a stakeholder is and whether or not they support or oppose the project will allow the project manager to create a strategy for communicating and working with that stakeholder to ensure project success. Some stakeholders may require little interaction or communication while some requires nearly constant communication. Stakeholder Management is where these strategies are developed and executed. If a stakeholder is opposed to a project maybe it is because they seek more involvement or awareness and the project manager can work with that individual to win their favor and support.

As the plan or project becomes more complex and involved, so will your management of stakeholders. It is easy to lose track or omit key project players and by not properly utilizing these processes and tools project managers will lose their ability to effectively communicate with stakeholders in a manner necessary to ensure a successful project.

THE OUTCOME-DRIVEN PROCESS

In order to develop, write and implement an effective Public Involvement Plan, it is important to begin with the end in mind. In other words, identify and articulate exactly what the goals of the project and plan are and what criteria will best measure how well those goals were achieved.

The goal of public involvement is to generate win-win solutions and comments like these: (Insert thought bubbles from page 20 of Guide to Public Involvement).

ITD has several Administrative policies referencing public involvement see Appendix C:

Administrative Policies

• A0103: Annual Report
• A1023: Local Request to Idaho Congressional Delegations for Federal-Aid Funding
• A2004: Public Hearing Officers
• 5011: Idaho Transportation Investment Program
• 5024: Public Hearings
• 5048: Freight Advisory Committee (FAC)
• 5057: Release of Department Information to the Media
• 5060: Functional Classification of State and Local Highway and Street System
• 5065: Acquisition and Closure of State Airports
• 5069: Corridor Planning for Idaho Transportation Systems
• 5082: Idaho Byways Program
• 5514: Decision Process for Funding Public Transportation Projects
• 5035: Coordination with Aeronautics Advisory Board
• 5039: Coordination with Public Transportation Advisory Council
• 5043: Coordination with Idaho Traffic Safety Commission
• 5040: Dealer Advisory Board Activities

Board Policies

• 4065: Acquisition and Closure of State Airports
• 4004: Annual Report
• 4035: Coordination with Aeronautics Advisory Board
• 4043: Coordination with Idaho Traffic Safety Commission
• 4040: Dealer Advisory Board Activities
• 4069: Corridor Planning for Idaho Transportation Systems
• 4048: Freight Advisory Committee (FAC)
• 4082: Idaho Byways Program
• 4008: Open Meeting Requirements
• 4002: Public Convenience
• 4024: Public Hearings
• 4039: Public Transportation Advisory Council (PTAC)
• 4009: Release and Restriction of Department Records
• 4057: Release of Department Information to the Media
• 4042: Trucking Advisory Council (TAC)

Department Memos

• DMV-01: Public Convenience
• HWY-35: Accessible Pedestrian Signal Approval Process

State Requirements

Furthermore, ITD will ensure that it meets any requirements for public involvement as outlined in Idaho Code, specifically:

• Idaho Code 40-310 (1)(a): Idaho Transportation Board
• Idaho Code 74-201-208: Open Meeting Law
• Idaho Code 74-101-126: Public Records Act

Executive Order 12898: Environmental Justice

State agencies must develop a strategy for implementing environmental justice. The order is also intended to promote nondiscrimination in federal programs that affect human health and the environment, as well as minority and low-income communities’ access to public information and participation.

Executive Order 13166 on Limited English Proficiency (LEP)

The Executive Order requires Federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them.

Executive Order 12372: Intergovernmental Review of Federal Programs

This executive order outlines the Federal government’s consultation process with states and local governments for decision making involving grants, other forms of financial assistance, and direct development. In consultation with local governments, most States have acted to establish a review and comment process in response to E.O. 12372 States, and selecting those Federal financial assistance and direct development activities they wish to review.

Executive Order 13166: Improving Access

Recipients of federal financial aid must ensure the programs and activities normally provided in English are accessible to persons with limited English proficiency.

Title VI of the Civil Rights Act of 1964 (23 CFR 200)

Title VI of the Civil Rights Act of 1964 states that “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 Americans with Disabilities Act of 1990 (42 USC 12101; 49 CFR parts 27, 37, 38)

Title II of the Americans with Disabilities Act of 1990 prohibits disability discrimination by all public entities at the local or state level. Access includes physical access and programmatic access that might be by discriminating policies or procedures. The Rehabilitation Act of 1973 (Section 504) states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that receives Federal financial assistance. The Rehabilitation Act Amendments of 1998 (Section 508) states that Federal agencies must ensure that electronic and information technology is accessible to employees and members of the public with disabilities to the extent it does not pose an “undue burden.”

National Environmental Policy Act of 1969 (NEPA) (40 CFR 1508; 23 CFR 771)

NEPA was the first major environmental law in the United States and established the country’s national environmental policies. To implement these policies, NEPA requires agencies to undertake an assessment of the environmental effects of their proposed actions prior to making decisions. Two major purposes of the environmental review process are better informed decisions and public involvement.

Metropolitan Planning (23 USC 134)
Statewide Planning and Research (23 USC 135; 23 CFR 450.208-212)

These requirements prescribe FHWA policies and procedures for the administration of activities undertaken by State departments of transportation (State DOTs) and their subrecipients, including metropolitan planning organizations (MPOs), with FHWA planning and research funds.

Title VI of the 1964 Civil Rights Act and the President’s Executive Order 12898 (1994) directs federal efforts to make the planning and decision-making processes more inclusive. The EO defines Federal Actions for addressing Environmental Justice in Minority Populations and Low-Income Populations (EJ); both aim to distribute the impacts and benefits of projects and programs receiving federal financial assistance, equitably.

Title VI and the associated Code of Federal Regulations for Transportation (49 CFR, Subtitle A, Part 21) affirms that any program or activity receiving federal financial assistance may not exclude or discriminate against groups or individuals based on their race, color, national origin, sex, age, and disability. In particular, a person may not be denied any benefit of the program, denied the opportunity to participate in planning or advising for the program, or subjected to discrimination under the program (including the siting of facilities) based on race, color, national origin, sex, age, and disability. The Federal Highway Administration (FHWA) includes additional nondiscrimination authorities under the broader Title VI Program see Appendix A.

The EO 12898 provides guiding principles for all transportation programs as summarized below and found at the following link: Department of Transportation Environmental Justice Strategy.

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

On May 2, 2012 US DOT issued DOT Order, 5610.2(a); the purpose of the Order was to describe Department-wide actions for addressing EJ in minority and low-income populations during all phases of a project. The Order may be found at DOT Order 5610.2(a).

The updated Order clarifies certain aspects of the EO 12898 of 1994 including the definitions of “minority” populations. The revisions clarify the distinction between a Title VI analysis and an EJ analysis conducted as part of a NEPA process. It affirms the importance of considering EJ principles as part of early project planning activities to avoid disproportionately high and adverse impacts to EJ populations.

In accordance with the revised Order 5610.2(a), EJ populations are defined as:

• Black – a person having origins in any of the black racial groups of Africa.
• Hispanic or Latino – a person of Mexican, Puerto Rican, Cuban, Central, or South American, or other Spanish culture or origin, regardless of race.
• Asian American – a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent.
• American Indian and Alaskan Native – a person having origins in any of the original people of North America or South America (including Central America) who maintains cultural identification through tribal affiliation or community recognition.
• Native Hawaiian and Other Pacific Islander – people having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific islands.
• Low-Income Population – any readily identifiable group of low-income persons who live in geographic proximity, and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who would be similarly affected by a proposed USDOT program, policy, or activity.
• Minority Population – any readily identifiable group of minority persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who would be similarly affected by a proposed USDOT program, policy, or activity.

The Order specifies: “Statutes governing USDOT operations will be administered so as to identify and avoid discrimination and avoid disproportionately high and adverse effects on minority populations and low-income populations by:

1. Identifying and evaluating environmental, public health, and interrelated social and economic effects of USDOT programs, policies, and activities;
2. Proposing measures to avoid, minimize, and/or mitigate disproportionately high and adverse environmental and public health effects and interrelated social and economic effects, and providing offsetting benefits and opportunities to enhance communities, neighborhoods, and individuals affected by USDOT programs, policies, and activities, where permitted by law and consistent with the EO;
3. Considering alternatives to proposed programs, policies, and activities, where such alternatives would result in avoiding and/or minimizing disproportionately high and adverse human health or environmental impacts, consistent with the EO; and
4. Eliciting public involvement opportunities and considering the results thereof, including soliciting input from affected minority and low-income populations in considering alternatives.”

In summary, Title VI and EJ work in tandem to engage protected populations in the planning and decision-making processes, avoid adverse impacts to protected populations, resulting in fairly distributed benefits of transportation projects and programs.

The demographic profiles of Title VI and EJ communities vary throughout the state. The specific populations identified for special considerations during a planning process will depend on the nature of the project and the size, location, and special characteristics of the study area.

The goal of Title VI/Environmental Justice (EJ) is to ensure that services and benefits are fairly distributed to all people, regardless of race, national origin, or income, and that they have access to meaningful participation. Detailed demographic analysis that identifies the appropriate type of outreach is critical to ensure a consistent approach in the planning and project development process.

ITD’s planning and project development process includes Title VI and EJ considerations when determining the site or locating projects to ensure non-discrimination. Identifying existing Title VI and EJ populations is required in planning projects. Opportunities exist in both the project-scoping phase and in statement of work language to identify the overlap and differences in Title VI and EJ populations. Addressing Title VI and EJ-related questions during project scoping and performing demographic analysis early in the planning process is critical. After documenting the protected populations in the study area, planners can then use this information to develop a meaningful public involvement plan to reach specific groups, as well as to provide the baseline data for the existing and future conditions analyses and alternatives analysis.

The Title VI and EJ planning approach provides a methodical way to ensure; Title VI and EJ goals are acknowledged as part of project scoping; protected populations are identified early in a project; and that reporting elements are consistent at the conclusion of a project. The approach is organized into four phases – scoping, outreach, analysis, and reporting – and specific steps under each of these phases are described to help planners and project managers address Title VI and EJ regulations. ITD Environmental Evaluation Form 0654 is completed to document how each project has identified and considered Title VI and EJ populations in a way that is meaningful and appropriate to the type of project and circumstances within the study area.

ITD’s Office of Civil Rights Program Manager/Title VI/Nondiscrimination Coordinator incorporates information received from each PAC regarding Title VI/EJ activities into a comprehensive report Title VI Accomplishment Report. The Title VI and EJ Program Area Questionnaire (Appendix C) helps standardize data collection to fulfill statewide Title VI & EJ reporting requirements.

EJ Resources:

• Title VI and Nondiscrimination Related Authorities
• ITD Environmental Evaluation Form 0654
• Title VI and EJ Program Area Questionnaire

Title VI and Nondiscrimination Related Authorities

Title VI of the Civil Rights Act of 1964 prohibits discrimination in Federal and Federally assisted projects and programs based upon race, color, and national origin. Since 1964, additional statutes prohibit discrimination based upon sex (Federal-aid Highway Act of 1973), age (The Age Discrimination Act of 1975), and disability (Section 504 of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990). Collectively FHWA defines a Title VI Program to prohibit discrimination based upon race, color, national origin, sex, age, or disability. In addition, since the Executive Orders regarding Environmental Justice (Executive Order #12898) and Limited English Proficiency (Executive Order #13166) are non-discriminatory in their intent, while they are not statutes and someone cannot sue because of them, FHWA includes the E.O.s under the Title VI Program.

While Executive Orders and other guidance do not directly apply to Recipients, they do direct Federal agencies to take specific actions concerning federally assisted programs and activities of their Recipients. As a result, this requires these agencies to ensure that ITD undertake certain activities. As an example, Executive Order 12898, 3 C.F.R. 859 (1995), entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” emphasizes that Federal agencies have a duty to use existing laws to achieve Environmental Justice, in particular Title VI, to ensure nondiscrimination for low-income and minority populations. Executive Order 13166, 3 C.F.R. 289 (2001) on Limited English Proficiency, according to the U.S. Department of Justice in its Policy Guidance Document dated August 16, 2000 (65 Fed. Reg. at 50123), clarifies the responsibilities associated with the application of Title VI’s prohibition on national origin discrimination when providing information only in English to persons with limited English proficiency.

List of Title VI/Nondiscrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d, 78 stat. 252) prohibits discrimination in federally funded programs on the basis of race, color, and national origin.
• Federal-Aid Highway Act of 1973 (23 USC § 324): amended Title VI to prohibit discrimination on the basis of sex in Federal-Aid highway programs.
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC § 4601): prohibits unfair and inequitable treatment of persons as a result of projects that are undertaken with Federal Financial Assistance.
• Age Discrimination Act of 1975, as amended (42 USC § 6101): prohibits discrimination in federally funded programs on the basis of age.
• Civil Rights Restoration Act of 1987 (Public Law 100-259 March 1988) amended Title VI of the 1964 Civil Rights Act to make clear that discrimination is prohibited throughout all the operations of an agency if any part of the agency receives Federal assistance.
• Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.
• Executive Order 13166 (Limited English Proficiency): Improving Access to Services for Persons with Limited English Proficiency.
• 23 CFR Part 200: FHWA Title VI Program and Related Statutes – Implementation and Review Process.
• Section 504 of the Rehabilitation Act of 1973, (29 USC § 794) as amended: prohibits discrimination on the basis of disability.
• Americans with Disabilities Act of 1990, (42 USC § 12101): prohibits discrimination on the basis of disability.
• The National Environmental Policy Act of 1969 (42 USC § 4321) prohibits disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.
• 49 CFR Part 21: Nondiscrimination in Federally-Assisted Programs of The Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964.
• 49 CFR Part 27: Nondiscrimination On the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.
• 49 CFR Part 28: Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation.
• 49 CFR Part 37: Transportation Services for Individuals with Disabilities – ADA.
• 28 CFR Part 35: Discrimination on the Basis of Disability in State and Local Government Services.
• 28 CFR Part 50.3: Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964.
• 23 CFR Part 771: Environmental Impact and Related Procedures.
• May 2012 DOT Order 5610.2(a): Final DOT Environmental

ITD Environmental Evaluation Form 0654

The Idaho Transportation Board is a seven-member group whose collective purpose is to ensure a safe, efficient transportation system serving the needs of Idaho citizens. Six board members represent each ITD district of the state. They are appointed by the Governor and confirmed by the Idaho State Senate. The seventh board member, an at-large Chairman, serves at the pleasure of the Governor.

The ITD Board meets once a month to oversee the operations of ITD. The ITD Board establishes state transportation policy and guides the planning, development and management of a transportation network that is safe, efficient and enhances Idaho's economy and quality of life.

The ITD Board normally meets six times in Boise and six times across the state annually. These meetings are open meetings and the public is invited to attend. However, because of the ITD Board’s tight schedule, it is highly recommended that officials or their staff contact the ITD Board Executive Assistant to get on to the agenda.

Additional information about the ITD Board can also be found on the ITD Website (www.itd.idaho.gov) by clicking the “Transportation Board” on the left side of the page. This site contains Board member biographies; meeting schedules and agendas; meeting minutes; Director’s Board Reports; and Board Subcommittee Actions.

ITD Board Subcommittee on Adjustments to the State Highway System

This subcommittee was established in 1996 to review requests to add mileage to the state highway system and to relinquish miles from the state's system. The Subcommittee only meets when there is a formal request from the District Engineer (DE) and/or a local agency. Local agencies may at any time submit addition or deletion requests to their respective DE. The DE will work closely with the local agency to gather information and to create a report about the section of highway in question.

The DE will submit the request to the ITD Board Executive Assistant. She will convene the Subcommittee prior to an upcoming regular ITD Board meeting. The DE and local officials are encouraged to attend this meeting to answer Subcommittee questions. After the Subcommittee considers the request, it submits a formal recommendation to the ITD Board for action.

During one of its monthly Board Meetings, the Board will make its final decision. Minutes will be posted online on the ITD webpage at: http://itd.idaho.gov/board/.

ITD Board Subcommittee on 129,000 Pound Truck Routes

The ITD Board Subcommittee on 129K Truck Routes reviews and analyzes requests to allow trucks up to 129,000 pounds to drive on non-interstate, state-maintained highway routes. To initiate the process, the ITD Chief Engineer and Staff review each request and evaluate the impact on roads, bridges and safety. If the Chief Engineer makes a favorable determination on the request, ITD initiates a 30-day public comment period on the request and evaluation followed by a public hearing in which verbal or written comments can be submitted.

With completion of the public comment period and hearing, the Chief Engineer makes a formal recommendation to approve or disapprove the request to the 129K Pound Truck Route Subcommittee. The Subcommittee will consider the engineering evaluation and all of the comments and make a final decision. The Subcommittee will then forward their final decision to the ITD Board for their approval.

Information about projects being considered as well as the way to make comments can be found on the ITD webpage at: http://apps.itd.idaho.gov/apps/freight/129K/docs/129KManual.pdf.

ITD Advisory Boards, Committees & Working Groups

In order to make wise decisions that truly represent the needs of Idahoans, the transportation department relies heavily on the expertise of advisory boards, committees and working groups. The following groups meet regularly and make recommendations to the Idaho Transportation Board and ITD staff. If any local official would like to find out more about these boards, contact the ITD Board Executive Assistant.

District 1

District 1 staff schedules meetings with the commissioners in each of its five counties. Letters of invitation are sent to a variety local highway jurisdictions, economic development interests and civic groups within each county. Individual coordination meetings are held with staff from the Coeur d’Alene, Kalispell and Kootenai Tribes. The district also coordinates with the following multi-jurisdictional transportation planning groups in a regularly scheduled basis:

• Boundary Area Transportation Team - Monthly
• Bonner County Transportation Team - Monthly
• Kootenai County Area Transportation Team – Monthly
• Silver Valley Area Transportation Team – Quarterly
• Benewah Area Transportation Team - Quarterly

These groups focus on transportation issues affecting their local area. Participants include ITD, counties, cities, highway districts, bike-pedestrian interest groups, public transit agencies, and individuals who have transportation-related expertise. The District Engineer, or his designee, attends all of the above teams and meets on a regular basis with tribal councils/chairs, city council, individuals and service/civic organizations. The district’s goal is to support and actively participate in the inter-jurisdictional transportation teams in each of the five northern counties. In addition, ITD staff meets with specific jurisdictions on specific projects and issues as needed.

Local officials receive hard copies of planning documents and the district accepts written comments. For ITIP consultation, the district schedules a meeting in each county, usually through the county commissioners, to discuss and receive input on the draft. These meetings have been held each year during the comment period in July.

The District supports statewide planning needs by involving locals in special meetings or other sessions as requested to support the planning process. On request, District personnel attend specific city, county and highway district meetings.

District 2

District 2 staff meets monthly with two multi-jurisdictional transportation planning groups located in the Moscow and Lewiston areas.

Committee membership includes local elected officials from cities, counties and highway districts and other interested parties. ITD’s District Engineer and Engineer Managers regularly participate in committee meetings. The District’s Senior Transportation Planner attends these meetings as appropriate to support meeting objectives. The District Engineer and the ITD Board member meet with the Nez Perce Tribe annually, if possible. Committees address ongoing construction projects, projects under development, scheduling of projects, and planning. State planning efforts are often included on the agenda.

Work associated with the ITIP is routinely discussed. The committees work to identify priority projects that could be considered for inclusion in the ITIP, and become familiar with the respective components of that document that affect their region. All committee members receive copies of the ITIP prior to the meeting at which it is specifically discussed. Other state-level planning efforts are included on the committees’ meeting agendas as needed.

The District supports statewide planning needs by involving locals in special meetings or other sessions as requested to support the planning. On request, District personnel attend specific city, county and highway district meetings.

District 3

District 3 is largest in both area and population of the six ITD districts. The consultation process with rural and small urban areas in District 3 is conducted on a continuous basis although, to date, it has been somewhat informal. Local officials from all counties frequently bring their priorities to the District’s attention. District staff is routinely made available to attend city, county and highway district meetings, as requested by the agencies, to provide information and guidance in planning, financing, design, and construction issues. Local officials are contacted for input to project plans at the concept stage of all design projects in their area. Local officials can review ITIP information and comment on the program at all project related public meetings. Corridor and Planning Studies also include close work with affected local agencies.

The Senior Transportation Planner is the designated contact for projects prior to ITIP approval. After ITIP approval, the District Planner continues as the liaison with planning related projects. District Management and other staff are also made available, as needed, to present information or respond to issues as well as discuss design of construction projects.

District 4

District 4 meets monthly with four different multi-jurisdictional transportation planning groups representing four different parts of the district. Committee membership is comprised of local elected officials from cities, counties and highway districts and other interested parties. Committees include the:

• Mini-Cassia Transportation Committee
• Greater Twin Falls Area Transportation Committee
• North Side Transportation Committee
• Wood River Transportation Committee

Three of the four committees require dues and operate with a budget. ITD’s District Engineer and the ITD Board Member often participate in these committee meetings, as does the Senior Transportation Planner.

Committee meetings are conducted by using a specific agenda that addresses ongoing projects, projects under development, scheduling of projects, and planning. Any state planning efforts are included on the agenda. Work associated with the ITIP is undertaken routinely, as committees work to identify priority projects that could be considered for inclusion in the ITIP, become familiar with the respective components of that document that affect their region. All committee members receive copies of the ITIP prior to the meeting at which it is specifically discussed. Other state-level planning efforts are included on the committees’ meeting agendas as needed.

The district supports statewide planning needs by involving locals in workshops, special meetings or other sessions as requested to support the planning process. On request, district personnel attend specific city, county and highway district meetings.

District 5

District 5 participates in four multi-jurisdictional transportation planning groups also known as coalitions that meet on a quarterly basis. Formal meeting notes are kept and tracked, formal agendas and sign-up sheets are provided for every meeting to enable accountability and tracking of requests, commitments, and other activities of concern to the coalitions. Written notification of meetings is provided to cities, counties, highway districts, ITD, Shoshone-Bannock Tribes, school districts, chambers of commerce, state senators and representatives and everyone who has attended a previous coalition meeting.

Coalition attendance varies but generally, participants in coalition meetings include city public works staff and elected officials, county public works staff and elected officials, highway district staff and elected officials, school district staff, and Idaho Transportation Department staff and the Idaho Transportation Board member from District 5.

On a more sporadic basis, meetings are also attended by members of the public who have issues they want the coalition to address, law enforcement, planning and zoning commission and staff, resource agencies, local development groups, and businesses. Department staff who attend on a regular basis include the District Engineer and various Engineering Managers. The groups include:

• Power County Joint Transportation Coalition
• Bingham County Joint Transportation Coalition
• Five-County Joint Transportation Coalition (Bear Lake, Caribou, Franklin, Oneida, and eastern Bannock)
• Pocatello Coordination Group

The ITIP is among the many topics discussed and reviewed by these groups. In the fall, the District formally announces its intention to begin the annual ITIP update, explains the ITIP updating process, and notifies the members of local funding opportunities, then, reviews the draft ITIP document in July at each coalition meeting. Each participant is provided a copy of the draft ITIP document. Projects that are potential nominees to the ITIP are discussed at coalition meetings throughout the year.

Since 1999, the District has undertaken comprehensive planning processes for specific transportation corridors. Consultation regarding corridor needs, goals and objectives, and appropriate improvements and management programs are central to the corridor planning process. Consultation methods for corridor planning including broadly-based advisory committees and public meetings that are convened throughout the planning process from issue identification to recommendation and adoption of improvements; public announcements in the print media and frequented locations; newsletters; personal notification; and the internet. The District also supports and facilitates statewide, headquarters-driven planning and study processes by soliciting participation from local officials and community members.

District 6

District 6 participates in several multi-jurisdictional transportation planning groups and organizations representing:

• Lemhi and Custer Counties
• Teton and Fremont Counties
• Madison and Jefferson Counties
• Butte and Clark Counties
• Bonneville County
• Salmon Valley Stewardship
• Madison Regional Planning Organization

These committees are made up of resource agencies, elected officials including state legislators, school districts, and public safety organizations. Committees meet at least semi-annually.

These committees have been quite effective as a forum to discuss transportation related concerns, and to present information to local public agencies on funding opportunities, project updates, and information on the annual ITIP. Additional topics can vary based on the interests of the committee membership. The DE, District staff and the Board Member often attends these committee meetings.

Annually, the District hosts a local roads meeting with purpose of providing local government officials in eastern Idaho with information about the ITIP update, future funding opportunities, and how local jurisdictions can participate in this process.

Corridor planning also includes a consultation effort with local elected officials. These plans emphasize a collaborative process with the public, elected officials and agency representatives. Normally, in addition to regularly scheduled public open houses, staff meets with elected officials to identify their concerns and ideas on how best to accomplish the goals and objectives of the individual corridor. It is anticipated that updates will be made to completed corridor plans approximately every five years or as needed. These updates will provide additional opportunities for dialogue and consultation.

The District supports statewide planning needs by involving locals in special meetings or other sessions as requested to support the planning process. On request, District personnel attend specific city, county and highway district meetings.

From concept to construction and through maintenance, the public’s needs, concerns and questions must be considered and addressed as ITD works to improve public safety, enhance mobility, and support economic vitality.

This is why planning for and executing appropriate strategies to involve and communicate with the public at large and with individual stakeholders throughout the life cycle of transportation impacts is critical in ITD’s effort to maintain transparency with the public.

To effectively manage public outreach plans and activities, staff need information and recommended tools to analyze the depth and breadth of outreach needs so they can decide how best to meet them. The Public Outreach Planner (POP) is that resource. The POP is a tool for analyzing and quantifying public outreach needs, which will ultimately lead to appropriate and efficient outreach management.

How to Use the POP

Step 1: Select appropriate track.

The first step in meeting any need is defining it appropriately. For communication analysis, it is necessary to consider a wide range of possible impacts and perspectives. As appropriate questions are defined and addressed, a picture begins to emerge that points a project team in a direction for meeting the public’s potential needs.

Determine what category your transportation impact best fits. Five “tracks” have been developed to catch all potential transportation impacts in Idaho. They are:

• Corridor Plan - Medium and long-range highway planning efforts. This track is designed to help determine the appropriate level of public outreach on corridor planning efforts, before projects are selected and enter the NEPA phase. Corridor plans help determine where future projects are needed.
• Environmental & Design - Roadway projects that are in or will be entering the environmental phase. This track is designed to help determine the appropriate level of early public involvement as alternatives are being selected and/or design elements are being determined. Companion projects that fall within the same impact zone will likely be perceived by the public as one project, and should be combined into a single public outreach plan.
• Construction - Roadway projects that are in or will be entering the construction phase. If your project is currently in construction or entering the construction phase, this track will help determine the appropriate level of public involvement prior to and throughout roadway construction efforts, including maintenance projects. Companion projects that fall within the same impact zone will likely be perceived by the public as one project, and should be combined into a single public outreach plan.
• Non-Construction Roadway Impacts - Roadway impact not associated with the plan, design or construction of an infrastructure improvement project.These types of impacts may include moving oversized loads, transporting hazardous or sensitive materials, festivals, parades, races or any other non-construction roadway action with the potential for public impact.
• Emergency/Disaster - The Idaho Bureau of Homeland Security (IBHS) has specific procedures in place for emergency and disaster related incidents. This track provides specific information prepared by IBHS that provides guidance when informing and educating the public during a natural disaster, emergency, or significant large-scale event that involves multi-jurisdictional response and recovery.

Step 2: Answer questions and get your score

For each track, customized multiple-choice questions were developed to address the primary needs, issues and concerns of a variety of stakeholder groups affected by transportation impacts. These questions appear for each track. Each question’s answer choices are equally weighted in a scoring range of 1-5, then averaged – This is your POP Score. Your POP Score is then rounded up to give you a recommended POP Level of 1, 2, 3, 4, or 5 – One representing the most minimal public outreach effort and five representing the most robust and extensive level of public outreach.

Your recommend POP Level should be considered the guiding framework for the intensity and methodology of public involvement for any project. It provides the information necessary to write a public involvement plan that takes recommendations from the POP to guide future public involvement activities, budgets and schedules.

Step 3: Check Score for accuracy in Typical Project Descriptions

Knowing your POP Score, a corresponding level of need can be determined by referencing the POP Level Typical Descriptions.This page describes common attributes of transportation impacts for each track, at each POP Level.

This allows the user to refine decisions about the most appropriate POP Level for a transportation impact. For example, a District Project Manager answered the construction POP questions, to the best of her knowledge, for an upcoming road widening project, and landed on a POP score of 2.53. The worksheet automatically rounded up to a POP Level 3 but after reading the typical project description, the project manager feels like her project is less complicated and this description doesn’t exactly fit. Because her POP Score fell almost half-way between a 2 and 3, she reads the POP Level 2 description and discovers that this more accurately describes her project and proceeds with Level 2 recommendations.

While simple categorization of outreach need provides the benefit of being able to plan for and better manage multiple projects, project managers and teams should remember that public involvement and outreach is a dynamic process. Adjustments are often required over the life cycle of a project, with corresponding changes in approach, strategy and tasks. Given this, be aware that a project may move from level to level as it evolves from phase to phase, or even within a single project phase. You can never complete the POP questions too often. If it feels like your project has grown less or more complicated, re-answer the questions and see where you come out.

Step 4: Save out your completed questions/answers PDF

It is important to save a PDF of your completed questions/answers in your project file. Instructions for saving can be found at the end of the track questions.

Step 5: Review budget and staffing/tools and techniques

• Budgeting: Once the outreach level is determined, the Budget Estimates page provides a framework for approximate budgets that a contractor or third-party public involvement and communication support may propose, for each track and POP Level. This page also provides estimated direct expense associated with public involvement tools, with or without third-party support.
• Staffing & Tools: You know your POP level and you have an estimate of how much public outreach might cost, but how do you actually conduct the outreach? For each track and POP Level, the Staffing & Tools page provides customized lists of recommended staff to involve and possible tools and techniques that when done right, have proved successful at effectively involving the public.

Outreach tools listed here are not required, and it is not expected that a transportation impact will exhaust the list for its particular track and POP Level. It is recommended that users work with their SME’s to determine which tools and techniques are most appropriate for your project and public.

Step 6: Save out appropriate POP Level Reference Guide

The POP Level Reference Guides provide comprehensive information on public involvement requirements, including definitions, descriptions and examples of tools and techniques. Reference guides pull the relevant information from the ITD Guide to Public Involvement and collect it in customized reference guides for each POP Level.

Step 7: Begin and continually update POP Tracking Workbook

The POP Tracking Workbook is designed to help project teams track and document public involvement throughout the life of a project. This workbook asks specific questions about the project to help current and future project teams:

• Easily locate and reference relevant files, documents and collateral
• Understand project history, trends, public opinions and attitudes

The POP Level Reference Guides act as a supporting document to the tracking Workbook, where the project’s public involvement activities are documented. One POP Tracking Workbook should be used for the life of a project (from Corridor Planning through Construction) and provides a place to track and update public involvement changes, activities and events.

Subject Matter Experts

The ITD Office of Communications staff, Public Involvement Coordinator and region planners are the subject matter experts (SME) on communications and outreach needs and strategy. As such, they are a resource to project managers and project teams. However, given the sheer volume of projects - most of which require some level of public involvement and outreach – the POP has been developed to assist ITD staff in determining the outreach level on any given plan, project or impact, thus streamlining the outreach management decision-making process.

SME’s should be kept abreast of all public involvement and outreach decisions. They are a resource to the project team or to the third-party communication support that is procured. Department-wide, SME’s must be updated on all activities to coordinate broad-based communications strategy and outreach.

Process Network Integration

To facilitate efficient and effective implementation of the POP, references to it is included in the Project Scheduling System and the Guide to Public Involvement. Other manuals, including the Corridor Planning Guidebook and the Environmental Manual will be updated accordingly. This integration helps users know when and how the POP should be used to analyze need and to establish appropriate outreach budget estimates, potential tools, activities and recommended team framework for the project.

Conclusion

While the POP is meant to provide users with an overview of the outreach planning process and tools to evaluate and meet the needs of a transportation impact, it is critical to note that effective outreach must be custom-designed to fit the impact’s needs.

Early outreach efforts allow ITD to identify issues up front and plan to deal with them. That said, experience shows that transportation impacts evolve and needs change based on public and agency input, technical and political considerations and the changing funding environment. As such, public involvement and outreach must evolve and adapt to match the evolution of a project.

The POP is intended to assist ITD staff in assessing the range of outreach needs, identifying tools that may be used in meeting those needs, and providing an estimate of the potential costs associated with their implementation. POP Levels and their recommendations are not mandated and staff are not held to any requirements. The POP is a resource designed to help ITD staff make educated decisions about public outreach.

The Outcome-Driven Process

In order to develop, write and implement an effective Public Involvement Plan, it is important to begin with the end in mind. In other words, identify and articulate exactly what the goals of the project and plan are and what criteria will best measure how well those goals were achieved.

The goal of public involvement is to generate win-win solutions and comments like these:

• “We helped develop the purpose of the project.”
• “We were aware of funding constraints and had input on ways to manage them.”
• “We feel ownership in the project and are willing to make it part of our community.”
• “We had a voice in the study and design phases.”
• “We continue to provide input on project maintenance.”
• “We were kept informed during the construction process. There were no surprises.”
• “The completed project reflects our community values and we take pride in knowing we did it together.”

Thorough scoping helps project managers ask the questions that are critical to a project’s success. It provides the information necessary to write a public involvement plan that takes recommendations from the POP to guide future public involvement activities, budgets and schedules. If conducted before a consultant is hired, scoping data help ITD determine which consultant could provide the best public involvement services. It also allows project managers to better analyze a consultant’s scope of work.

An effective public involvement plan must coordinate with the technical milestones in the planning process or the project development process. Coordination means that a good schedule with well-defined activities is critical.

ITD recommends that the POP process be reevaluated as projects evolve and change from one phase to the next and sometimes within a single phase. ITD also recommends that public involvement plans be reevaluated to reflect POP recommendations and changes in the project. For a long process, built-in formal revision dates are a good idea.

STEPS TO AN EFFECTIVE PUBLIC INVOLVEMENT PLAN

Complete the POP

Your recommend POP Level should be considered the guiding framework for the intensity and methodology of public involvement for any project.

Identify Stakeholders

Identifying the segments of the public likely to be affected or impacted by a project is the first step and determines the range of public involvement activities needed. Early stakeholder scoping helps:

• Identify potential controversies
• Gauge levels of interest for various stakeholders
• Assess available resources
• Identify social, economic, cultural and environmental concerns

While stakeholders include owners of property adjacent to the various alignments, they also include users of the project, jurisdictional representatives, transportation service providers, government agencies and interest groups.

Stakeholders may support the project or may be likely to oppose it.

A typical list of stakeholders might include:

• Adjacent property owners (residential, commercial, industrial, institutional—education, religious, government, non-profit)
• Adjacent property renters (residential, commercial, industrial, institutional)
• Facility users (commuters, truckers, business customers, major regional employers)
• Local elected and appointed officials (city council, county commissions, planning commissions)
• Resource and regulatory agencies
• Local jurisdiction transportation or technical professionals (public works directors, traffic engineers, planning directors)
• Regional transportation professionals, such as Metropolitan Planning Organization transportation planners
• State transportation professionals (ITD highway designers and corridor planners, traffic engineers, environmental planners)
• Federal transportation professionals (Federal Highway Administration, Federal Transit Administration)
• Transportation service providers (transit agencies, airports, marine ports)
• Neighborhood organizations
• Traditionally underserved populations who may be impacted, such as minority groups/leaders, low-income and LEP persons (For complete guidelines, visit idaho.gov)
• Business organizations (local and regional Chambers of Commerce, economic development agencies, industry associations)
• Transportation interest groups (transit, bicycle, pedestrian, highway, aeronautic)
• Native American tribes
• Special interest groups (environmental, activist)
• Historic preservation and scenic conservation groups
• Growth-management interest groups
• Health and wellness interest groups
• Media (print, radio, online, television)
• The general public of the project’s geographical area

Identifying stakeholders can be a challenge. Knowledge of local customs and local “powers” can sometimes be critical. Strong or influential community leaders may not always be elected or appointed officials. It helps to gather people from within ITD who are familiar with the project area and with the transportation needs there. They can provide a place to start identifying potential issues, the groups likely to be affected by those issues, and the key people in each group.

It is important to recognize that no matter how thoroughly the stakeholder identification activities are conducted at the beginning of a project, the list of stakeholders will change as the project progresses. As more detailed information becomes available, members of the general public who were previously uninterested may become stakeholders. The emergence of new stakeholders is a good indicator that it is time to re-do the POP to determine if the level of public involvement your project might need has changed.

The effort to engage underserved populations early in the process may include describing why minorities and other groups should be interested in participating, as well as writing documents for the public in easy-to-understand or multiple languages. The earlier all interested parties can be identified, the better. Because of this, it is a good practice to include mechanisms for outreach to the general public as a continuing element of the overall public involvement plan.

Identify Issues

Stakeholder interviews conducted as part of public involvement scoping/plan development should provide a set of community issues, values and constraints concerning the project. But the results of such interviews may not necessarily provide a complete picture of all community values and interests. An effective public involvement plan includes broad community outreach at an early point in the project to ensure mutual understanding between ITD and the stakeholders of the full set of concerns associated with the project.

In some cases, some of the issues identified are beyond the scope of the current project process. They may need to be referred to other agencies that can take appropriate action, shifted to another planning and development process better suited to addressing them or postponed for consideration at a later stage of project development.

The identified issues that pertain to the project at hand should be incorporated into the project definition and documented as input into the evaluation of the project’s purpose and need.

Outreach should be focused on understanding community attitudes about the nature of transportation problems or issues associated with the project. Specific concerns about safety, mobility, land use, land development and environmental values are especially important. Individuals or groups may note a concern or issue that might seem irrelevant or trivial, but project managers and ITD staff should strive to maintain an open mind and listen to what is being said. Again, issues often will resurface at some future point in the project if left unaddressed.

Establish Objectives

The next step in the planning process is to answer the question: “What do we need to accomplish with the public by the end of the decision-making process?” The answers become objectives that address stakeholder concerns as well as planner or project developer goals and can be achieved through public involvement activities.

Example of an objective: Maintain timely contact with key stakeholders throughout the decision-making process. At a minimum, some type of contact should be maintained no less than every four months.

Select Public Involvement Staffing and Tools

The Staffing & Tools page provides a customized list of recommended staff to involve and possible tools and techniques that when done right, have proved successful at effectively involving the public at each POP level.

The outreach tools listed here are not required, and it is not expected that a transportation impact will exhaust the list for its particular track and POP Level. ITD recommends that users work with their SMEs and project team to determine which tools and techniques are most appropriate for your project and public. More than one activity can, and usually should, be used to achieve each objective.

The tools listed here are hyperlinked to their corresponding section in this guide, to allow users to learn more about the tools, how to develop and implement them, and review examples from past ITD projects.

For users who would prefer a POP Level-specific public involvement guide, complete with definitions of tools and techniques appropriate for your effort, the POP Level Reference Guides were developed. These guides pull the relevant information from this guide and collect it in specific reference guides for each POP Level.

Title VI Considerations

Overview of Title VI

It is critical that all stakeholders have the opportunity to participate in every public involvement activity. Make arrangements as necessary to accommodate individuals with special needs.

In addition to scheduling events in venues that are Americans with Disabilities Act (ADA) compliant, it means addressing the needs of stakeholders whose first language is not English. Such consideration is a matter of courtesy and effective involvement; it is also required by law. Title VI was enacted as part of the Civil Rights Act of 1964, stating that:

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. (42 USC 2000)

The Idaho Transportation Department (ITD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. ITD assures that no person shall on the grounds of race, color, national origin, gender, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ITD service, program, or activity. ITD also assures that every effort will be made to prevent discrimination through the impacts of its programs, policies, and activities on minority and low-income populations. In addition, ITD will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency (LEP).

Related Statutes

In addition to Title VI, other related statutes provide protection against discrimination on the basis of gender, age or– disability by programs receiving federal financial assistance.

Title VI was further defined in 1994. Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations) requires federal agencies and their recipients to identify and address the effects of all programs, policies and activities on minority and low-income populations.

In 2000, Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency) was signed into law, requiring federal agencies to assess and address the needs of otherwise eligible LEP persons seeking access to the programs and activities of recipients of federal financial assistance.

Writing the Public Involvement Plan

Overview

Every transportation project is different and each requires a public involvement plan tailored to its own unique needs and issues. Detailing public involvement goals, objectives, strategies and tools helps ensure that methods for soliciting public input are effective. With up-front planning, mid-stream changes are less likely, meaning that projects are more likely to stay within budget and on schedule.

Flexibility is also critical. Effective public involvement activities should be adaptable so they can evolve as conditions and situations change.

egin developing a plan by identifying the project’s purpose and need, determining the level of public involvement appropriate for the project through the POP, and identifying public involvement goals and objectives. Clarity will help identify the best strategy and tactics.

• Complete the POP before you start writing the public involvement plan.
• A plan is required for complex transportation projects and highly recommended, but not required, for all other projects.
• The public involvement coordinator is available for help in completing the public involvement plan.
• Submit the completed plan to the public involvement coordinator and attach a copy of the Location and/or Design Study Report.

Components of a Public Involvement Plan

The introduction should explain the project as well as provide background information. The introduction also sets the tone for the project’s public involvement and may be useful when developing related materials.

Goals and Objectives: Every public involvement plan begins with ITD’s goals for public involvement.

• Gather the concerns and needs of the public to be considered during the project’s decision making process.
• Use information gathered from the public to develop informed decisions.

The objectives should be derived from the specific circumstances of the project. The more specific they are, the better, as objectives provide justification for all other activities included in this plan.

Project Stakeholders: This section of the public involvement plan should answer two questions:

• Who might be interested in participating?
• Whose participation is necessary for ITD to make sound decisions?

Next, identify the best channels of communication with stakeholders and what information the stakeholders need about the project.

Project Strategy: Outline the general approach and public involvement processes for achieving the project’s goals and objectives.

Staffing and Tools: Use your POP Level and its recommendations as your guide. Review what has worked well for prior projects and has led to the greatest success. Understanding the project and the level of public interest will help you select the most appropriate tools and techniques for engaging stakeholders.

Resources: Specify the resources (both time and money) necessary to implement the project’s public involvement activities. It is important to know the cost of your tools and techniques to determine whether available resources are adequate or alternatives need to be found. The Budget Estimates page provides a framework for approximate budgets that a contractor or third-party public involvement support person may propose, for each track and POP Level. This page also provides estimated direct expenses associated with public involvement tools, with or without third-party support.

Project Schedule: Identifying project milestones helps determine which and when particular public involvement activities are appropriate. Key activities should be integrated into the project’s critical path method (CPM). The project activity flowcharts identify where “typical” public involvement activities occur during the development process.

Management:This section of the public involvement plan identifies the chain of communication as well as the roles and responsibilities between headquarters, Office of Communications, the district and any public involvement consultants. This section is especially important if a consultant is implementing public involvement activities.

Evaluation:Evaluation should occur throughout the project. This section of the plan should outline methods and measurements for evaluating whether the strategies, tools and techniques are meeting public involvement goals and objectives for the project.

Examples and Samples

Scoping Questions

1. Project origin and background
1. Why is this project in the program?
2. Why is this project needed?
3. What are the concerns or history of public involvement in the communities affected by this project?
4. What does the community (elected officials and others) need to know about this project?
2. Project Impacts
1. What are the benefits of this project?
2. How will it improve the community?
3. Will the project change the character or function of the highway? How?
4. What are the environmental implications of this project?
5. Are there any other special concerns associated with this project?
6. What stakeholder reaction is expected?
3. Stakeholders
1. Who is impacted by this project? Who are the project stakeholders? (note: this list should be updated as needed throughout the project.)
2. What is the best way (or ways) to provide information to the stakeholders?
3. What are the best ways to gather information from the stakeholders?
4. Whose needs will be met by this project?
5. Whose needs will not be met?
6. Are any minority, low-income, Native American tribes, elderly or other populations with special needs affected or impacted by this project?
7. What is the best way to develop two-way communication with minority, low-income, Native American tribes, elderly or other populations with special needs who are affected or impacted by this project?
4. Schedule
1. What is the schedule for project development?
2. Will the project require a merger process, and if so, why?
3. What community events could be affected by this project?
5. Legal Questions
1. Will right-of-way need to be purchased? If so, how much, and what actions are necessary?
2. What are the mandates or regulations governing this project?
3. What are the potential environmental or cultural impacts?
4. What impacts will there be to roadways or facilities under another agency’s jurisdiction?
6. Resources
1. What resources do I need to implement public involvement for this project?
2. What resources do I have to implement this project?
3. If resources are not adequate, what steps can be taken?

Additional scoping questions can be found in Guide to Completing the ITD-783 Concept Report.

Responses to scoping questions should be attached to the completed ITD-2708 Preliminary Project Concept form. Enlist the public involvement coordinator’s help in completing the scoping questions, if necessary. Always be sure to include the following:

• Project name
• Project manager
• Project sponsor
• Key number
• Project number

Sample Completed Project Evaluation Checklist: Completed Project Evaluation Checklist

Goals and objectives

• Were the goals of public involvement met?
• Were the public involvement objectives met?
• How closely did the process follow the public involvement plan?
• What modifications had to be made, and were those modifications effective?
• Were changes documented and the plan updated, if needed?

Timeline

• What influence did public involvement have on the project development schedule?
• Were public involvement activities conducted at the appropriate times?

Contacts

• According to public involvement records, how many letters were sent and phone calls made?
• What was the attendance at public meetings and hearings, if held?
• How many comments were provided and which stakeholder groups do they represent?
• Did ITD reach all identified stakeholders? If so, was the contact effective?

Media

• What did the media report about the project? About ITD?
• What issues did they cover? Which did they criticize? Which did they applaud?
• What kind of editorials and letters were published about the project? Did ITD respond? If so, how did it respond?

ITD

• How did other department staff (district engineer, planners, headquarters, and others) view the public involvement process for the project?
• How did the Idaho Transportation Board react? What feedback, if any, did they provide?
• How effective was the communication between affected divisions involved with the project’s public involvement activities?

Budget

• Did the public involvement process stay within budget? Explain.

Materials

• How effective were the public involvement materials created for the project—such as brochures, news releases, newsletters, print ads, video, and others? How much did they cost?
• Was there any public reaction to the materials?
• How effective was the coordination among those who developed and distributed the materials?

Midstream adjustments and crises

• What crises, changes, or unexpected events occurred during the project?
• How well were they handled?
• How could they have been avoided?

Consultants

• How well did the public involvement consultant understand and incorporate ITD’s public involvement goals and objectives into the project?
• How effective was the consultant in helping ITD engage the public?
• Did the consultants follow ITD standards? (Documents, press releases, Web sites etc.)
• How was the quality of the consultant’s work?
• What will I look for when selecting the next public involvement consultant?

Self

• What did I think about the process?
• What did I think went well? What didn’t work?
• What would I do differently?

Internet

ITD’s official website where users can access a variety of information from projects in the ITIP to a variety of publications like Annual Reports, ITD’s Strategic Plan, Corridor and Highway Plans, Long-Range Transportation Plans, ITIP, etc.

YouTube (https://www.youtube.com/user/idahoitd)

This is a video-sharing website where users can upload, view and share video clips. Videos allow ITD to show audiences footage of road conditions, storm damage, project simulations, or other events and activities in a visually compelling way.

Twitter (https://twitter.com/idahoitd)

This free networking and micro-blogging service allows users to send and read other users’ text updates (known as tweets). ITD’s Twitter updates are sent to subscribers and received on their computer, cell phone, or mobile hand-held device. This real-time information enables the user to adjust their travel plans or routes accordingly.

Facebook (https://www.facebook.com/IdahoTransportationDepartment?ref=ts)

This free interactive social media network is a way to stay up to date with ITD news via profile updates and photos. All you have to do is “Like” the ITD Facebook page, and you can keep tabs on what ITD is doing.

Partner Websites

ITD will work closely with our partners to inform local officials of comment periods and public meetings. ITD will work closely with the following agencies to post notifications of events and activities on their websites:

• Association of Idaho Cities  Visit site
• Idaho Association of Counties  Visit site