Historical and Revision Notes
Source (U.S. Code)
Source (Statutes at Large)
42:4231(a)(1st, 2d sentences).
Oct. 16, 1968, Pub. L. 90–577, §§ 401–403, 82 Stat. 1103.
In subsection (a), the words “United States” are substituted for “the Nation” for consistency. The word “When” is substituted for “in a time” for clarity.
In subsection (b), before clause (1), the word “therefore” is omitted as unnecessary. The word “regulations” is substituted for “rules and regulations” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “all natural resources” are substituted for “natural resources, including land, water, minerals, wildlife, and others” to eliminate unnecessary words.
In subsection (c), the words “fully”, “taken into account”, and “evaluated” are omitted as surplus. The words “development programs and projects of the United States Government or assisted by the Government” are substituted for “Federal or federally assisted development programs and projects”, and the words “laws of the United States” are substituted for “Federal law”, for consistency in the revised title.
In subsection (d), the word “assistance” is substituted for “federal aid” because of the definition in section 6501(1) of the revised title.
In subsection (e), the words “executive agency” are substituted for “Federal department and agency” and “Federal departments and agencies” because of the definition in sections 102 and 6501(3) of the revised title. The words “To the extent” are substituted for “Insofar as” for consistency.
In subsection (f), the words “law of the United States” are substituted for “Federal law” for consistency.
In subsection (g), the words “Office of Management and Budget . . . other” are omitted as surplus.
Ex. Ord. No. 12372,
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)) [31 U.S.C. 6506(a) and (b)], 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:
(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.
(b) At the discretion of the State and local elected officials, the State process may exclude certain Federal programs from review and comment.
(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