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Case 47:
(2.3) FHWA's SAMPLE APPROVAL LETTER which they will use to approve the State DOTs' DBE Programs

Racial Preferences = Discrimination

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Below is a copy of the carefully worded Sample Approval Letter FHWA will send to each State's DOT officially approving their DBE program.

In its cover memo to the states, FWHA states:
"We ask that you use the samples provided because they have been carefully crafted [by our attorneys] to document FHWA action. It is important to note that the sample approval letter requires that you clearly identify the approved annual overall DBE goal and the race-conscious and race-neutral breakdown. All approval letters should contain this information."

Western
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This is a copy of the FHWA's "Sample Approval Letter" they will send to the States approving their DBE programs.
See also additional documents and case index below.Down: Western States Index
To the State DOT

Dear Mr./Ms.:

In accordance with the provisions of 49 CFR 26.45, we have reviewed the overall goal submitted by the ________________________ Department of Transportation [or State Highway Administration] in connection with your Fiscal Year _____ Disadvantaged Business Enterprise (D.B.E.) program.  For the federal-aid highway program in 200__, __________ DOT submitted an overall goal of _____% (____% of which it projects to meet through race neutral means, and ____% through race conscious means). Our review considered the overall goal as well as the description of the data and methodology used in arriving at your overall goal, including the base figure calculation and evidence supporting the calculation; adjustments, if any, made to the base figure and the evidence supporting these adjustments; a summary of the relevant evidence in your jurisdiction; the projection of the portion of your overall goal that you will meet through race neutral as opposed to race conscious means and the basis for your projections; and the evidence of public participation in establishing your overall goal.

After reviewing this information, we have determined that the goal setting methodology you have employed is consistent with the requirements of 49 CFR 26.45 and that you have followed the requirements for public participation in establishing your overall goal as set forth in 49 CFR 26.45(g).  Further, we have also approved your projection of the portions of your overall goal that you expect to meet through race neutral and race conscious means.  That projection is subject to modification during the fiscal year in accordance with 49 CFR 26.51.  The basis for our conclusions is set forth more fully in the attached document.

As you are aware, the State still must submit a separate overall D.B.E. goal for programs funded by the Federal Transit Administration and the Federal Aviation Administration, based upon the goal setting approach outlined in the State's D.B.E. program.  The State should contact its regional FTA and FAA offices for further guidance and assistance on these matters.

The State has determined that there is no need to submit any changes to its D.B.E. program that was approved by the Federal Highway Administration on ________________, 200__.  Your D.B.E. program, as previously approved by FHWA, contains all of the elements required by 49 CFR Part 26 and therefore continues to be in compliance with the requirements for the D.B.E. program.

[OR, IF THERE HAVE BEEN CHANGES TO THE PROGRAM:]

The State has submitted the following changes to the D.B.E. program that was approved by the Federal Highway Administration on _________ , 200__.  These changes are approved on the following grounds:

1. DESCRIPTION OF CHANGE #1 (see Section ____,p. ____ of the revised program). This change is found to be in compliance with 49 CFR 26.

2. DESCRIPTION OF CHANGE #2 (see Section ____,p. ____ of the revised program). This change is found to be in compliance with 49 CFR 26.

The remainder of the State's program has not been changed, and contains all of the other elements required under 49 CFR 26.   The State's D.B.E. program as revised continues to be in compliance with the requirements for the D.B.E. program.

I would like to take this opportunity to thank you and your staff for your diligence and efforts in getting this program to the approval stage.

Sincerely yours,

Division Administrator

This page last modified on January 23, 2006

Last known link to the original FHWA memo:
http://www.fhwa.dot.gov/civilrights/dbe_memo_a3.htm


END Case 47:
(2.3) FHWA Sample Approval Letter

 

Western States Paving PAGE INDEX:
Overview 2.0 2.1 2.2 2.3 2.4 2.5 News
Intro and Summary: Western States Paving Co. Legal Case Feds' DBE Goal Setting Approval Process Memo
and overview of documents
Legal Advice:
Feds' DBE Compliance Guide to the States
Pro Forma Letter:
Feds'  Acknow-
ledgement of Receipt of State DBE Goal Plan
Pro Forma Letter:
Feds' Approval of State DBE Plan
Pro Forma Legal Document:
Feds' Detailed Long Form Approval of State DBE Plan
Feds' Questions and Answers: Impact of the Western States case on DBE Programs News Stories

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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.