HCC`s Field Legal Services lawyer should review the target methodology and decision document to determine its legal sufficiency, including verification of the State`s compliance with the regulatory requirements of the DBE, compliance with the basic objective principles and guidelines of the DBE, and the adequacy of the State`s explanations of its methodology and process. Legal lawyers in the field are encouraged to contact members of the HCC civil rights team in Washington and/or UNHCR staff if they have any questions about the target methodology. If the field legal counsel is satisfied that the target methodology is legally sufficient, he or she should prepare a memorandum of legal sufficiency, which should be sent to the department office for his or her cases, and copy UNHCR. This note is for internal use only and should not be distributed outside the FHWA. The Federal Highway Administration`s (FHWA) internal review process requires ministerial offices to obtain a legal review of their goal approval decision documents from the Office of the Chief Legal Counsel (HCC), which explains the basis for the FHWA`s approval of the overall methodology of a state`s goals, racial and gender participation projections, and goal-setting process. In 2012, the HCC asked departmental offices to submit their decision documents to the Federal Assistance Office located in their geographic region (North, South, Central and West) for legal review. Regardless of whether UNHCR has worked with the HCC to review the target methodology, once UNHCR has completed its review and coordinated contributions to the Department`s decision document with the Department, the Department must submit its final decision document to the relevant HCC Local Legal Services Office for its geographic area and copy UNHCR in its correspondence with the HCC. The audit of legal sufficiency carried out by HCC is separate and follows the audit carried out by UNHCR. A target methodology submitted to UNHCR is not legally reviewed. The review of the HCC`s legal sufficiency begins after the Ministry has consulted with UNHCR and only after the Ministry has submitted the target methodology directly to the relevant HCC local legal services office for its geographical area. Upon receipt, the FHWA Department must send a letter to the State Department of Transportation: (a) confirmation of receipt of the target methodology; (b) Instruct the State to work towards the achievement of the objective, unless and until otherwise directed by the Department; (c) that the FHWA will review the adequacy and robustness of the methodology; and (d) a statement that the FHWA may approve the submitted target or, after consultation with the State Ministry of Transportation, adjust the overall objective or request the State Ministry of Transportation to do so.

Upon receipt of the notice of legal sufficiency, the department must send its decision document to the state Ministry of Transport, which copies UNHCR and approves the state`s target methodology. If the field legal counsel determines that the state`s methodology is not legally sufficient, he or she must communicate his or her concerns to UNHCR and the department to resolve the issues. If necessary, the FHWA may request the State to submit a revised methodology, after which the above-mentioned review process will resume. Whether or not the Ministry has collaborated with UNHCR in the preparation of its decision document, the Ministry should submit the final decision document to UNHCR`s DBE Unit for review and comment. UNHCR may, where appropriate, request a copy of the government`s methodology and a disparity study. At any time during the Ministry`s review of the target methodology, the Ministry may contact UNHCR`s DBE Unit for advice or support. Since then, the Civil Rights Office (UNHCR) and the HCC have determined that the FHWA benefits from the input and advice that UNHCR provided to ministries prior to the legal review of the HCC`s legal sufficiency in the review of EBD`s overall target methodologies. This memorandum establishes a revised internal review process for States` overall DBE target methodologies, which includes contributions from UNHCR. UNHCR and HCC are asking ministries to include this revised process in the review of target methods, starting with methods to be submitted to the FHWA by 1 August 2016. At any time during UNHCR`s review of the target methodology, UNHCR may contact HCC for comments on legal and/or programmatic issues. This consultation does not trigger a legal review of the legal sufficiency of the HCC. If UNHCR decides to contact the HCC, it should contact the lawyer of the appropriate HCC Field Legal Office for the State under review and the head of the HCC civil rights team at headquarters.

The HCC Field Legal Services Office and the HCC Civil Rights Team at headquarters will jointly coordinate HCC contributions to UNHCR. The FHWA department should review the target methodology for compliance with the DOT DBE regulations in 49 CFR Part 26 and with the objective DOT DBE guidelines and clarify any questions they may have with the DOT DOT. After reviewing the methodology with the Crown, the Ministry should prepare a draft decision document approving the target methodology. As a critical element in achieving the DBE`s remedial goal, the State Departments of Transportation (DOT), as the primary recipients of U.S. Department of Transportation funding, should set an overall annual EBD participation target that is as close as possible to the level of participation that would be expected in the absence of discrimination or its lasting impact. In March 2010, the Ministry of Transportation began requiring Ministry of Transportation grant recipients to submit their methodology for setting the overall objectives of the DSB to the appropriate DOT operational authority for approval every three years. See 49 Fed. Reg.

5535 (February 3, 2010). DBE`s overall annual target based on approved submissions is valid for three years. This means that each year during the three-year period, the overall goal remains the same until the next review cycle and the recipient State Department must make good faith efforts each fiscal year to meet the target.