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Memorandum - l;tantication of r H W A's Uversignt xote m Accessibitrty - uttice or lavit... rage 4 of ~ standards. However, cost may be a factor in determining whether to undertake astand-alone accessibility improvement identified in a Transition Plan. For example, if an existing highway, not scheduled for an alteration, is listed in the public agency's Transition Plan as needing curb cuts, the public agency may consider costs that are "unduly burdensome." The test for being unduly burdensome is the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply the project cost. If the project alters any aspect of the pedestrian route, it must be replaced with accessible facilities. Additional work outside of the scope and limits of the project altering a facility is at the discretion of the agency. However, any features not conforming to ADA requirements outside the project scope should be added to the Transition Plan. FHWA Responsibilities The FHWA is responsible for ensuring public agencies meet the requirements of the ADA and Section 504 for pedestrian access for persons with disabilities. Under DOJ regulations, FHWA divisions must work with their State DOTs, MPOs, and local public agencies to ensure ADA and Section 504 requirements are incorporated in all program activities for all projects within the public right-of-way regardless of funding source. Program activities include project planning, design, construction, and maintenance. Furthermore, FHWA is responsible for ensuring accessibility requirements for projects that are not within public right-of-way, but use funding through FHWA. This includes parking areas, information centers, buildings, shared use paths, and trails. Divisions have a legal responsibility to work with State agencies or other recipients to ensure ADA and Section 504 requirements are incorporated into all projects using funding through FHWA. For all projects that use Federal funds as part of the financing arrangements, the division offices need to periodically: Review those projects, where they have oversight responsibilities, for accommodation of pedestrians. The divisions shall not approve Federal funding for projects that do not adequately provide pedestrian access for persons with disabilities where the project scope and limits include pedestrian facilities in the public right-of-way. Review the Stewardship Agreement to ensure pedestrian accessibility requirements are .included, as appropriate. Review the State DOT, MPO, and/or local jurisdiction processes, procedures, guidelines, and/or policies that address ADA in transportation planning and programming processes and how accessibility commitments are addressed in transportatign investment decisions. Assist transportation agencies in updating their Transition Plans. The United States Department of Transportation Section 504 regulation requires FHWA to monitor the compliance of the self-evaluation and Transition Plan of Federal-aid recipients (49 CFR 27.11). The ADA deadline for completing the accessibility improvements within the Transition Plan was in 1995. For those State and local governments that have not performed the self-evaluation and prepared a plan, it is critical that they complete the process. Encourage and facilitate training for FHWA personnel on accessible pedestrian features. Ensure pedestrian accessibility compliance through periodic program reviews of recipients' highway planning, design, and construction activities. In addition, the Federal Lands Highway Divisions should ensure that each direct Federal construction project fulfills both policy guidance on pedestrian access and meets the minimum ADA and Section 504 accessibility requirements. For all highway, street and trail facilities, regardless of whether Federal funds are involved, the division offices need to: Perform onsite review of complaints about accessibility and report the findings of the review to HCR-1. Make presentations and offer training on pedestrian accessibility at meetings, conferences, etc. In contacts with State and local officials, encourage them to develop procedures for incorporating pedestrian accessibility into their projects. Additional Information and Resources A Web site with questions and answers concerning recurring issues, training opportunities, and background legal http://www.fhwa.dot.gov/civilrights/ada_memo_clarificationa.htm ~~1~/2~~8/~2~00~7~_