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Executive Order
12372--Intergovernmental review of Federal programs
Source: The provisions of Executive Order 12372 of July 14, 1982,
appear at 47 FR 30959, 3 CFR, 1982 Comp., p. 197, unless
otherwise noted.
By the authority vested in me as President by the Constitution and
laws of the United States of America, including
Section 401(a) of the Intergovernmental Cooperation Act of 1968 (42
U.S.C. 4231(a)), Section 204 of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3334) and Section 301 of Title 3 of the
United States Code, and in order to foster an intergovernmental partnership
and a strengthened federalism by
relying on State and local processes for the State and local government
coordination and review of proposed Federal
financial assistance and direct Federal development, it is hereby
ordered as follows:
[Preamble amended by Executive Order 12416 of Apr. 8, 1983, 48 FR
15587, 3 CFR, 1983 Comp., p. 186]
Section 1. Federal agencies shall provide opportunities for consultation
by elected officials of those State and local
governments that would provide the non-Federal funds for, or that
would be directly affected by, proposed Federal
financial assistance or direct Federal development.
Sec. 2. To the extent the States, in consultation with local general
purpose governments, and local special purpose
governments they consider appropriate, develop their own processes
or refine existing processes for State and local
elected officials to review and coordinate proposed Federal financial
assistance and direct Federal development, the
Federal agencies shall, to the extent permitted by law:
(a) Utilize the State process to determine official views of State
and local elected officials.
(b) Communicate with State and local elected officials as early in
the program planning cycle as is reasonably
feasible to explain specific plans and actions.
(c) Make efforts to accommodate State and local elected officials'
concerns with proposed Federal financial
assistance and direct Federal development that are communicated through
the designated State process. For those
cases where the concerns cannot be accommodated, Federal officials
shall explain the bases for their decision in a
timely manner.
(d) Allow the States to simplify and consolidate existing Federally
required State plan submissions. Where State
planning and budgeting systems are sufficient and where permitted
by law, the substitution of State plans for
Federally required State plans shall be encouraged by the agencies.
(e) Seek the coordination of views of affected State and local elected
officials in one State with those of another
State when proposed Federal financial assistance or direct Federal
development has an impact on interstate
metropolitan urban centers or other interstate areas. Existing interstate
mechanisms that are redesignated as part of
the State process may be used for this purpose.
(f) Support State and local governments by discouraging the reauthorization
or creation of any planning organization
which is Federally-funded, which has a Federally-prescribed membership,
which is established for a limited purpose,
and which is not adequately representative of, or accountable to,
State or local elected officials.
Sec. 3. (a) The State process referred to in Section 2 shall include
those where States delegate, in specific
instances, to local elected officials the review, coordination, and
communication with Federal agencies.
(b) At the discretion of the State and local elected officials, the
State process may exclude certain Federal programs
from review and comment.
Sec. 4. The Office of Management and Budget (OMB) shall maintain
a list of official State entities designated by
the States to review and coordinate proposed Federal financial assistance
and direct Federal development. The
Office of Management and Budget shall disseminate such lists to the
Federal agencies.
Sec. 5. (a) Agencies shall propose rules and regulations governing
the formulation, evaluation, and review of
proposed Federal financial assistance and direct Federal development
pursuant to this Order, to be submitted to the
Office of Management and Budget for approval.
(b) The rules and regulations which result from the process indicated
in Section 5(a) above shall replace any current
rules and regulations and become effective September 30, 1983.
[Sec. 5 amended by Executive Order 12416 of Apr. 8, 1983, 48 FR
15587, 3 CFR, 1983 Comp., p. 186]
Sec. 6. The Director of the Office of Management and Budget is authorized
to prescribe such rules and regulations,
if any, as he deems appropriate for the effective implementation
and administration of this Order and the
Intergovernmental Cooperation Act of 1968. The Director is also authorized
to exercise the authority vested in the
President by Section 401(a) of that Act (42 U.S.C. 4231(a)), in a
manner consistent with this Order.
Sec. 7. The Memorandum of November 8, 1968, is terminated (33 Fed.
Reg. 16487, November 13, 1968). The
Director of the Office of Management and Budget shall revoke OMB
Circular A-95, which was issued pursuant to
that Memorandum. However, Federal agencies shall continue to comply
with the rules and regulations issued
pursuant to that Memorandum, including those issued by the Office
of Management and Budget, until new rules and
regulations have been issued in accord with this Order.
Sec. 8. The Director of the Office of Management and Budget shall
report to the President by September 30, 1984
on Federal agency compliance with this Order. The views of State
and local elected officials on their experiences
with these policies, along with any suggestions for improvement,
will be included in the Director's report.
[Sec. 8 amended by Executive Order 12416 of Apr. 8, 1983, 48 FR
15587, 3 CFR, 1983 Comp., p. 186]
/s/ RONALD REAGAN
The White House
July 14, 1982
[Filed with the Office of the Federal Register,
3:18 p.m., July 14, 1982]
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