Federal Assistance Manual Chapter 1-140

CHAPTER 1-140 INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS

• 1-140-00 Purpose
  
• 1-140-05 Background
  
• 1-140-10 Policy
  
• 1-140-15 Actions Requiring Review
  
• 1-140-20 Procedures for Use of State Process Review System
  
• 1-140-25 Procedures for Nonselected OSM Programs and States Without A Review Process

1-140-00 PURPOSE

1. This chapter sets forth policy and required procedures for the intergovernmental review systems of States receiving Federal financial assistance from OSM.

1-140-05 BACKGROUND

1. As required by Executive Order (E.O.) 12372, "Intergovernmental Review of Federal Programs," when proposed Federal financial assistance activities affect States, Federal agencies are required to provide State officials the opportunity to review and comment on those proposals and to consider their comments before making a final decision.

2. On June 24, 1983, the Department of the Interior (DOI) published its rule in 43 CFR Part 9, "Intergovernmental Review of Department of the Interior Programs and Activities." This rule is incorporated in Part 511 of the DOI Departmental Manual.

3. In accordance with E.O. 12372, a State may establish an intergovernmental review system by an official act of the State followed by notification to OMB of such action. If OMB certifies that the system is in accordance with OMB directives, Federal agencies must utilize that system for reviews under applicable programs. OSM financial assistance programs are covered under E.O. 12372.

1-140-10 POLICY

1. The intergovernmental review procedures must be in conformance with 43 CFR Part 9 and Part 511, Chapters 1 through 8, of the Departmental Manual, entitled "Coordination with State and Local Governments."

2. Indian tribal governments are excluded from these procedures.

3. For OSM financial assistance programs, a State which has established an OMB sanctioned intergovernmental review system must specifically identify the program(s) for which it wishes to exercise E.O. 12372 review authority.

4. Regulatory grant applications are considered continuation grants for the purposes of 43 CFR Part 9. AML grant applications are considered new grants.

1-140-15 ACTIONS REQUIRING REVIEW

1. Award of a grant or cooperative agreement.

2. Monetary increase amendment to a grant or cooperative agreement.

1-140-20 PROCEDURES FOR USE OF STATE PROCESS REVIEW SYSTEM

1. Regulatory grant applications must be submitted by the applicant to the State Single Point of Contact (SPOC) at least 30 days in advance of the final decision on funding. All other grant applications must be submitted by the applicant to the SPOC at least 60 days in advance of the final decision on funding. To assure proper timing of reviews by the SPOCs, the State should indicate under Type of Application (Item 8 on the SF 424) whether the application is for a continuation grant ora new grant.

2. SPOCs must submit comments on applications directly to OSM. The applicant agency must provide OSM evidence that the SPOC was provided opportunity to comment on the proposal as mandated by the State's review procedure. This can be accomplished by completing Item 16a of the SF 424.

1-140-25 PROCEDURES FOR NONSELECTED OSM PROGRAMS AND STATES WITHOUT A REVIEW PROCESS

1. For States with E.O. 12372 review mechanisms which have not selected any of the OSM grant programs for coverage and for States that do not have a review system, the consultation provisions of the Intergovernmental Cooperation Act of 1968 prevail. The provisions require OSM to assume the responsibility of directly notifying the affected State, area-wide and regional agencies, and local governments of proposed actions. The OSM reviewing office shall provide such notices of intent to affected agencies and local governments. Such notices should include a description of the proposed financial assistance (information contained on the SF 424), a time frame for responding (see 1-140-20A.) and the name, address and phone number of the appropriate OSM contact person.

2. In the absence of an official State E.O. 12372 process, OSM is required only to consider the recommendations of State agencies and officials; there is no "accommodate or explain" obligation. Where OSM decides not to accommodate recommendations on nonselected programs or from nonparticipating States, there is no requirement to provide those States with advance notice prior to taking action on a proposal.

FEDERAL ASSISTANCE MANUAL
January 2, 1998