Intergovernmental Review of Federal Programs

This executive order establishes a framework for state and local governments to review and coordinate proposed federal financial assistance and direct federal development. It requires federal agencies to consult with affected state and local elected officials, utilize state-developed review processes, and replace previous OMB Circular A-95 procedures with new implementing regulations.

47 FR 30959

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Impact dates

Sep 30, 1984
OMB Director report to President on federal agency compliance
Sep 30, 1983
New rules and regulations become effective, replacing current rules

Key directives

Federal agencies must provide consultation opportunities to state and local elected officials on proposed federal financial assistance and direct federal development
Federal agencies shall utilize state-developed processes for determining official views of state and local elected officials
Federal agencies must communicate early in program planning cycle with state and local officials
Federal agencies must accommodate state and local concerns or explain decisions in timely manner
States allowed to simplify and consolidate federally required state plan submissions
Federal agencies must discourage reauthorization or creation of federally-funded planning organizations not representative of state or local elected officials
OMB shall maintain and disseminate list of official state entities designated for review and coordination
Agencies shall propose rules and regulations to OMB for approval
New rules and regulations shall replace current ones and become effective September 30, 1983
OMB Director authorized to prescribe implementation rules and exercise authority under Intergovernmental Cooperation Act of 1968
November 8, 1968 Memorandum terminated; OMB Circular A-95 revoked
Federal agencies continue complying with old rules until new ones issued

Who is ordered

OMB Director · Office of Management and Budget

Timeline

Immediate

Termination of November 8, 1968 Memorandum
Revocation of OMB Circular A-95 ordered
Continued compliance with old rules until new ones issued

Near term (90d)

Agencies to propose new rules and regulations to OMB

Long term

New rules effective September 30, 1983
OMB report to President due September 30, 1984
Ongoing intergovernmental review process

Risks & tensions

Vague 'to the extent permitted by law' qualifiers throughout may limit actual state and local influence
No enforcement mechanism specified for agencies that fail to accommodate state/local concerns
Transition period with old rules remaining in effect creates potential compliance confusion
State discretion to exclude certain federal programs from review may create inconsistent oversight
Discouraging federally-funded planning organizations could weaken regional coordination capacity