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Highway 61 correspondence and documents, 1968-1974

1974-07-08 James Frazier to Mr. James I. Meyerson Page 1

Legal
30162JUL-8'74

OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590

JUL 2(?) 1974

Mr. James I. Meyerson
Assistant General Counsel
NAACP Special Contribution Fund
1790 Broadway
New York, New York 10019

Dear Mr. Meyerson:

Thank you for your letter of June 3, 1974. Therein, you requested that I confirm whether my office has denied approval of the proposed construction of Highway 61 through Fort Madison, Iowa, because of a finding of substantial, adverse effect the proposed location will have on minority residents of that community. In addition, you are interested in knowing the appeals procedures which the city of Fort Madison may have.

With respect to Title VI matters, my office operates under the aegis of Part 21 of Title 49 of the code of Federal Regulations (Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964) (a copy is enclosed). Section 21.11(c) of 49 C.F.R. provides that an investigation must be made whenever a complaint or any other information indicates a failure to comply with Part 21. This office investigated the allegations of discrimination in the connection with the proposed construction of Highway 61 through Fort Madison, Iowa, because of a complaint lodged by the Fort Madison (Iowa) branch of the NAACP.

Our findings were transmitted tot he Federal Highway Adminstrator with the direction that he take the necessary action, pursuant to Section 21.11(d), to resolve any noncompliance under Part 21. If this matter is not resolved through this process, then the course of action outlined in Section 21.13 of Part 21 will be taken. You should note that Part 21 provides for an agency hearing (Section 21.15) as well as a judicial review of any administration action (Section 21.19).

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Legal 30162JUL-8'74 OFFICE OF THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590 JUL 2(?) 1974 Mr. James I. Meyerson Assistant General Counsel NAACP Special Contribution Fund 1790 Broadway New York, New York 10019 Dear Mr. Meyerson: Thank you for your letter of June 3, 1974. Therein, you requested that I confirm whether my office has denied approval of the proposed construction of Highway 61 through Fort Madison, Iowa, because of a finding of substantial, adverse effect the proposed location will have on minority residents of that community. In addition, you are interested in knowing the appeals procedures which the city of Fort Madison may have. With respect to Title VI matters, my office operates under the aegis of Part 21 of Title 49 of the code of Federal Regulations (Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964) (a copy is enclosed). Section 21.11(c) of 49 C.F.R. provides that an investigation must be made whenever a complaint or any other information indicates a failure to comply with Part 21. This office investigated the allegations of discrimination in the connection with the proposed construction of Highway 61 through Fort Madison, Iowa, because of a complaint lodged by the Fort Madison (Iowa) branch of the NAACP. Our findings were transmitted tot he Federal Highway Adminstrator with the direction that he take the necessary action, pursuant to Section 21.11(d), to resolve any noncompliance under Part 21. If this matter is not resolved through this process, then the course of action outlined in Section 21.13 of Part 21 will be taken. You should note that Part 21 provides for an agency hearing (Section 21.15) as well as a judicial review of any administration action (Section 21.19).