E.o. 12372

Rulemaking Guide, E.O.12372; Centralized Library: U.S. Fish and Wildlife Service

file:///N|/DIRECT/Regs Handbook/eo12372.html

National Archives and Records Administration
Federal Register

Executive Order 12372--Intergovernmental
review of Federal programs
Source: The provisions of Executive Order 12372 of July 14, 1982, appear at 47 FR 30959, 3
CFR, 1982 Comp., p. 197, unless otherwise noted.

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)), 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:
[Preamble amended by Executive Order 12416 of Apr. 8, 1983, 48 FR 15587, 3 CFR, 1983 Comp.,
p. 186]

Section 1. Federal agencies shall provide opportunities for consultation by elected
officials of those State and local governments that would provide the non-Federal
funds for, or that would be directly affected by, proposed Federal financial
assistance or direct Federal development.
Sec. 2. To the extent the States, in consultation with local general purpose
governments, and local special purpose governments they consider appropriate,
develop their own processes or refine existing processes for State and local elected
officials to review and coordinate proposed Federal financial assistance and direct
Federal development, the Federal agencies shall, to the extent permitted by law:
(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

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Rulemaking Guide, E.O.12372; Centralized Library: U.S. Fish and Wildlife Service

file:///N|/DIRECT/Regs Handbook/eo12372.html

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.
Sec. 3. (a) The State process referred to in Section 2 shall include those where
States delegate, in specific instances, to local elected officials the review,
coordination, and communication with Federal agencies.
(b) At the discretion of the State and local elected officials, the State process may
exclude certain Federal programs from review and comment.
Sec. 4. The Office of Management and Budget (OMB) shall maintain a list of official
State entities designated by the States to review and coordinate proposed Federal
financial assistance and direct Federal development. The Office of Management and
Budget shall disseminate such lists to the Federal agencies.
Sec. 5. (a) Agencies shall propose rules and regulations governing the formulation,
evaluation, and review of proposed Federal financial assistance and direct Federal
development pursuant to this Order, to be submitted to the Office of Management
and Budget for approval.
(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
September 30, 1983.
[Sec. 5 amended by Executive Order 12416 of Apr. 8, 1983, 48 FR 15587, 3 CFR, 1983 Comp., p.
186]

Sec. 6. The Director of the Office of Management and Budget is authorized to
prescribe such rules and regulations, if any, as he deems appropriate for the effective
implementation and administration of this Order and the Intergovernmental
Cooperation Act of 1968. The Director is also authorized to exercise the authority
vested in the President by Section 401(a) of that Act (42 U.S.C. 4231(a)), in a
manner consistent with this Order.
Sec. 7. The Memorandum of November 8, 1968, is terminated (33 Fed. Reg.
16487, November 13, 1968). The Director of the Office of Management and

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Rulemaking Guide, E.O.12372; Centralized Library: U.S. Fish and Wildlife Service

file:///N|/DIRECT/Regs Handbook/eo12372.html

Budget shall revoke OMB Circular A-95, which was issued pursuant to that
Memorandum. However, Federal agencies shall continue to comply with the rules
and regulations issued pursuant to that Memorandum, including those issued by the
Office of Management and Budget, until new rules and regulations have been issued
in accord with this Order.
Sec. 8. The Director of the Office of Management and Budget shall report to the
President by September 30, 1984 on Federal agency compliance with this Order.
The views of State and local elected officials on their experiences with these policies,
along with any suggestions for improvement, will be included in the Director's report.
[Sec. 8 amended by Executive Order 12416 of Apr. 8, 1983, 48 FR 15587, 3 CFR, 1983 Comp., p.
186]

/s/ RONALD REAGAN
The White House
July 14, 1982
[Filed with the Office of the Federal Register,
3:18 p.m., July 14, 1982]

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