Intergovernmental
Review
Question:
When do the requirements for intergovernmental review apply?
Answer:
Executive
Order 12372, "Intergovernmental Review of Federal Programs,"
is implemented by 24 CFR part 52. The regulations also implement
applicable provisions of section 401 of the Intergovernmental Cooperation
Act of 1968 and section 204 of the Demonstration Cities and Metropolitan
Development Act of 1966. The requirements of E.O. 12372 apply only
to HUD programs whose regulations (or operating instructions) require
compliance or the State has selected any HUD program or activity
published in the Federal Register in accordance with §52.3
of this part for intergovernmental review under these regulations.
Intergovernmental
review is not considered part of environmental compliance, whose
requirements for public review are broader and provide opportunity
for public review and comment to any agency, group, or individual.
Question:
What
HUD programs require compliance with intergovernmental review?
Answer:
The
regulations of the Community Development Block Grant (CDBG) Program
require compliance with the requirements of Executive Order 12372.
24
CFR 570.612(b) applies the requirements of Executive Order 12372,
only where a CDBG entitlement grantee proposes to use funds for
the planning or construction (reconstruction or installation) of
water or sewer facilities. Such facilities include storm sewers
as well as all sanitary sewers, but do not include water and sewer
lines connecting a structure to the lines in the public right-of-way
or easement. It is the responsibility of the grantee to initiate
the Executive Order review process if it proposes to use its CDBG
funds for activities subject to review.
Although
the State CDBG program rule at 24
CFR 570.480, Subpart I, does not provide a separate applicability
section (as the regulations do for the Entitlement and UDAG programs),
the absence of a regulatory provision does not relieve a state from
compliance with the requirements of E.O. 12372 if the local jurisdiction
applies for State CDBG funds to assist with a major project that
is also supported by other Federal resources (which is usually the
case). In many instances, the total cost of providing such facilities
far exceed amounts states tend to make available under the category
of public facilities/infrastructure activities. The appropriate
contract provisions related to Executive Order 12372 are included
HUD grant agreements with states as a means of securing coordinated
efforts at the appropriate levels of investment.
Question:
What other HUD programs require compliance with intergovernmental
review?
Answer:
Executive
Order 12372, "Intergovernmental Review of Federal Programs
is cited in volume 24 of the Code of Federal Regulations for the
following HUD programs:
HOME
Investment Partnerships Program, 24
CFR 92.357 For Insular Areas: 24 CFR 92.64 (b).
Housing
Finance Agency Risk-Sharing Program for Insured Affordable Multifamily
Project Loans, 24 CFR 266.210(c)
Emergency
Shelter Grants Program, 24
CFR 576.57(j)
Drug
Elimination Programs, 24 CFR 761.40(f)
Supportive
Housing for Elderly and Persons with Disabilities, 24 CFR 891.155(f)
Uniform
Administrative Requirements: Standard Form (SF-424 series) 24 CFR
84.12(c)
Question:
What Federal agency has the lead responsibility for Executive Order
12372?
Answer:
The
Office of Management and Budget (OMB) is the responsible agent for
maintaining a list of official state entities designed as Single
Points of Contact (SPOC). SPOC refers to those states that manage
and direct a clearinghouse for the purpose of processing and reviewing
local applications involving designated Federal programs of assistance
including water and sewer projects. See below the OMB website identifying
the states that have a designated SPOC. States no longer choosing
to operate a clearinghouse (and thus negating the need for a designated
SPOC), must notify OMB first before notifying HUD in writing that
they no longer wish to participate in the review process (as stated
in the contract condition). The same applies to any changes or updates
a state wishes to make regarding a designated SPOC entity.
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