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Question: At a minimum, what do FHWA Division Offices and FTA Region offices need to look for?
Answer: (1) Documentation of a process that is "separate and discrete" from the State’s general public involvement process (23 CFR 450.212(h)), and (2) review and comment on the process by local officials, regional councils or their State associations (23 CFR 450.212(i)). States need to send a copy of their adopted State consultation process to the applicable FTA and FHWA field offices.
Question: Are there any States that do not have non-metropolitan, local officials?
Answer: There appears to be no non-metropolitan areas outside the designated MPO metropolitan planning areas in the District of Columbia, New Jersey, and Rhode Island. Accordingly, these States are not subject to the non-metropolitan, local official consultation rule.
Question: Are States required to consult with non-metropolitan, local officials from Regional Highway Districts, Development Districts, and other similar local entities?
Answer: The State must consult with elected and appointed officials from general purpose local government entities. This may include counties, cities, towns, townships, and villages. Some States use terms such as boroughs and parishes. While consulting with other local entities may prove advantageous in the planning process, the State is not required to under this rule.
Question: Does the State process need to demonstrate consultation with every local, non-metropolitan official?
Answer: The final rule language says that States shall request comments from "State association of counties, State municipal league, regional planning agencies or directly to non-metropolitan local officials." (23 CFR 450.212(i)).
Metropolitan Planning Organization policy boards do not need to include every elected official. For example, Southern California Association of Governments (SCAG) has 188 member agencies but only 88 serve on the policy board. Accordingly, rural consultation may not include every local agency. Some States consult with Regional Planning Organizations that include elected officials on the board; some States have an annual county-by-county tour to review the STIP; and some States meet with statewide associations of county or city officials. Many officials may not serve as board members or otherwise participate in Regional Planning Organizations. This particularly is true in the Midwest where some States have over 1,000 general purpose, local agencies. Similarly with county-by-county tours, sub-county general purpose units of government (cities, towns, townships) may not be present. Many officials may not attend statewide meetings.
Question: Can a State have different processes for different parts of a State?
Answer: A State may have more than one process. The regulation requires the State to have a documented process(es) … for consulting with non-metropolitan local officials (23 CFR 450.212.(h), emphasis added). A State may want to provide different processes in response to non-metropolitan regions with different transportation needs or local governments with varying types of resources.
Question: Does a State have to develop their non-metropolitan official consultation process from scratch?
Answer: In 1999, States submitted information about their existing methods for consulting with non-metropolitan local officials. This information is located at www.fhwa.dot.gov/hep10/state/localoff.html and may provide a useful starting point for ensuring a "separate and discrete" process for non-metropolitan local official consultation.
Question: Can a State work with an Association or group that represents non-metropolitan local officials in reviewing current or proposed consultation practices?
Answer: Yes. The final rule language – which was proposed jointly by American Association of State Highway and Transportation Officials (AASHTO), the National Association of Development Officials (NADO), and the National Association of Counties (NACo) – says that States shall request comments from "State association of counties, State municipal league, regional planning agencies or directly to non-metropolitan local officials." (23 CFR 450.212(i))
Question: What are some documented methods that States use to consult with non-metropolitan, local officials?
Answer: Some States use the following separate and discrete methods to consult with non-metropolitan local officials (based on self-reporting from 1999):
- Support of Regional Planning Organizations that may develop or review Plans, TIPs, or other statewide activities;
- State county-by-county consultation tours during the STIP development process;
- Statewide or district-level advisory commissions composed of non-metropolitan, local officials;
- Presentations at local meetings;
- Mailed notices and invitations;
- Attending State City/County Association meetings.
Identification and use of these methods works in some States, but may not in other States. Each State should identify and resolve its own consultation needs in their adopted documented consultation process.
Question: Who needs to demonstrate that there is a separate and discrete consultation process for non-metropolitan officials?
Answer: The regulation requires the State to have a documented process(es) … for consulting with non-metropolitan local officials (23 CFR 450.212.(h), emphasis added). The State Department of Transportation has the responsibility for carrying out the Federal transportation program. (See 23 USC 302(a).)
Question: By when does a State have to document and implement a consultation process for non-metropolitan, local officials?
Answer: The State has until February 24, 2004, to document and implement a process for consulting non-metropolitan, local officials. (23 USC 450.224(b)) Within the first two years and every 5 years after that, the State also has to allow a period not less than 60 days for non-metropolitan, local officials, and other interested parties to comment on the effectiveness of the consultation process. The State then has to modify the process or make public the reasons for not doing so. Accordingly, FHWA and FTA may want to advise the State to disseminate a draft process for review by November 2005 to ensure this regulatory deadline is met.
Question: Where can State DOTs or non-metropolitan officials get more information about consultation processes?
Answer: State DOTs may want to contact AASHTO for more information about non-metropolitan consultation. Non-metropolitan officials may get additional information from NADO, NACo, CTAA, or statewide associations or development officials, counties, cities, or regional councils.
Question: What should the FTA and FHWA review regarding State consultation with non-metropolitan officials when making the annual State Planning Finding (SPF)?
Answer: When making the next SPF, the SPF should note that either the documentation is in place or that the State is required to have it in place by February 24, 2004. You may also want to comment on observed progress in developing the document based on your meetings, etc. (The FTA Region and FHWA Division Offices do not review the adopted document.) In subsequent SPFs, you should note that the State is following their adopted process or that based on meetings, letters, etc. that the process has not been followed, or that there appear to be implementation issues. In subsequent years the SPF should also note if the State has reviewed and solicited comments for a period of 60 days regarding effectiveness of the process and implemented modifications, if needed. Note that "A specific request for comments shall be directed to the State association of counties, State municipal league, regional planning agencies, or directly to non-metropolitan officials." (23 CFR 450.212(i)). Initially this must be done within 2 years of adoption of the initial documented process and every 5 years thereafter. Appropriate comments in the SPF should track this follow-up.
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