DOT Memorandum - Information and Action: ADA Transition Plan Process

FHWA’s Jurisdictional Authority:

The DOJ is the Federal agency responsible for coordinating the activities of Federal agencies with respect to State and local government compliance with Title II of the ADA. The DOJ. through its regulations at 28 CFR 35.190, has delegated authority to the U.S. Department of Transportation (DOT) to oversee and implement ADA compliance for all State and local governments that regulate or administer services, programs, or activities relating to transportation. The DOT has further delegated authority to FHWA to oversee and implement ADA compliance for State and local governments for issues affecting transportation in the public right-of-way. In addition, under 49 CFR 27.19, DOT recipients must comply with DOJ’s ADA regulations to be considered in compliance with DOT’s regulations under Section 504 of the Rehabilitation Act of 1973 (Section 504).

FHWA Division Offices work with State DOTs to ensure that the ADA and Section 504 requirements are incorporated in all program activities for projects within the public rights-ofway. The Section 504 regulations, at 49 CFR 27.11, require FHWA to monitor a State DOT’s compliance with the ADA, including DOJ and DOT regulations that address self-evaluation and transition plans.