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Section 109 of Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309] <br />Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in <br />programs and activities receiving financial assistance from the U.S. Department of Housing and <br />Urban Development's (HUD) Community Development and Block Grant Programs. <br />Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) <br />The ADA prohibits discrimination against individuals with disabilities and Title II of the ADA <br />applies specifically to state and local governments. The Department of Justice (DOJ) issues Title <br />II regulations, with the exception of those regulations specific to public transportation and <br />related accessibility standards for the design, construction, and alteration of facilities which are <br />issued by the Department of Transportation (DOT). The DOT's current ADA standards became <br />effective in 2006. <br />Title 11 of the ADA [298 CFR Section 35.150(d)] <br />Title II requires that a public entity of 50 or more employees complete a "self-evaluation" by <br />which the entity must develop a grievance procedure, designate an individual to oversee Title II <br />compliance, develop a transition plan if removal of barriers is necessary to achieve compliance, <br />and to retain the self-evaluation for three years. The transition plan should contain, at a <br />minimum, the basic components listed below: <br />1. List of physical barriers in the R/W that limit accessibility of persons with disabilities; <br />2. Description of methods to be utilized to remove the barriers; <br />3. Schedule for taking the necessary steps to achieve compliance (requirement for curb <br />ramps specifically); and <br />4. Name of official responsible for transition plan implementation. <br />An opportunity for public comment on the transition plan shall be made available to interested <br />persons, including those with disabilities or organizations representing individuals with <br />disabilities. A copy of the transition plan shall be made available for public inspection. <br />The Department of Justice published revised regulations for Title II of the ADA in 2010. These <br />2010 regulations adopted the revised, enforceable accessibility design standards called the 2010 <br />ADA Standards for Accessible Design (2010 Standards) and permitted the 1991 Standards to be <br />used until March 14, 2012. <br />Access Board's Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right -of Way <br />(2011 NPRMs, 36 CFR Part 1190, Docket No. ATBCB 2011-04) <br />The Access Board's proposed guidelines for the design, construction, and alteration of <br />pedestrian facilities in the public right-of-way are to ensure these facilities are accessible and <br />usable by pedestrians with disabilities. These guidelines were first published for public <br />comment on July 26, 2011, with corrections issued on July 29, 2011, and the comment period <br />was reopened on December 5, 2011 per requests from the National Association of Counties, the <br />National League of Cities, and the U.S. Conference of Mayors (to close February 2, 2012). When <br />the guidelines are adopted by the US Department of Transportation (DOT), with or without <br />additions and modifications, they will become the accessibility standards with mandatory <br />compliance issued by other federal agencies implementing the ADA, Section 504 of the <br />Rehabilitation Act, and the Architectural Barriers Act. <br />1 Notice of Proposed Rulemaking (NPRM) <br />City of Eugene Transition Plan for Accessibility in the Public Rights -of -Way Page 3 <br />