Intergovernmental Review

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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.