41 C.F.R. Subpart 101–6.21—Intergovernmental Review of General Services Administration Programs and Activities
Title 41 - Public Contracts and Property Management
Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended Apr. 8, 1983 (48 FR 15887); sec. 401 of the Intergovernmental Cooperation Act of 1968 as amended (31 U.S.C. 6506).
Source: 48 FR 29329, June 24, 1983, unless otherwise noted.
Editorial Note: For additional information, see related documents published at 47 FR 57369, Dec. 23, 1982, 48 FR 17101, Apr. 21, 1983, and 48 FR 29096, June 24, 1983.
This subpart implements Executive Order 12372, “Intergovernmental Review of Federal Programs”, for Federal financial assistance and direct Federal development programs of the General Services Administration (GSA). (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982, and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968. (b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on State processes and on State, areawide, regional and local coordination for review of proposed Federal financial assistance and direct Federal development. (c) These regulations are intended to aid the internal management of GSA, and are not intended to create any right or benefit enforceable at law by a party against GSA or its officers. GSA means the U.S. General Services Administration. Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983, and titled “Intergovernmental Review of Federal Programs.” Administrator means the Administrator of General Services or an official or employee of GSA acting for the Administrator under a delegation of authority. State means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands. The Administrator publishes in the (a) The Administrator provides 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 from, or direct Federal development by, GSA. (b) If a State adopts a process under the Order to review and coordinate proposed Federal financial assistance and direct Federal development, the Administrator, to the extent permitted by law: (1) Uses the State process to determine official views of State and local elected officials; (2) Communicates with State and local elected officials as early in a program planning cycle as is reasonably feasible to explain specific plans and actions; (3) Makes efforts to accommodate State and local elected officials' concerns with proposed Federal financial assistance and direct Federal development that are communicated through the State process; (4) Allows the States to simplify and consolidate existing federally required State plan submissions; (5) Where State planning and budgeting systems are sufficient and where permitted by law, encourages the substitution of State plans for federally required State plans; (6) Seeks 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; and (7) Supports State and local governments by discouraging the reauthorization or creation of any planning organization which is federally-funded, which has limited purpose, and which is not adequately representative of, or accountable to, State or local elected officials. The Administrator, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and GSA regarding programs and activities covered under these regulations. (a) A State may select any program or activity published in the (b) Each State that adopts a process shall notify the Administrator of the GSA programs and activities selected for that process. (c) A State may notify the Administrator of changes in its selections at any time. For each change, the State shall submit to the Administrator an assurance that the State has consulted with elected local elected officials regarding the change. GSA may establish deadlines by which States are required to inform the Administrator of changes in their program selections. (d) The Administrator uses a State's process as soon as feasible, depending on individual programs and activities, after the Administrator is notified of its selections. (a) [Reserved] (b) The Administrator provides notice to directly affected State, areawide, regional, and local entities in a State of proposed Federal financial assistance or direct Federal development if: (1) The State has not adopted a process under the Order; or (2) The assistance or development involves a program or activity not selected for the State process. Note: This notice may be made by publication in the
Title 41: Public Contracts and Property Management
PART 101–6—MISCELLANEOUS REGULATIONS
Subpart 101–6.21—Intergovernmental Review of General Services Administration Programs and Activities
§ 101-6.2100 Scope of subpart.
§ 101-6.2101 What is the purpose of these regulations?
§ 101-6.2102 What definitions apply to these regulations?
§ 101-6.2103 What programs and activities of GSA are subject to these regulations?
§ 101-6.2104 What are the Administrator's general responsibilities under the Order?
§ 101-6.2105 What is the Administrator's obligation with respect to Federal interagency coordination?
§ 101-6.2106 What procedures apply to the selection of programs and activities under these regulations?
§ 101-6.2107 How does the Administrator communicate with State and local officials concerning GSA's programs and activities?
§ 101-6.2108 How does the Administrator provide States an opportunity to comment on proposed Federal financial assistance and direct Federal development?
(a) Except in unusual circumstances, the Administrator gives State processes or directly affected State, areawide, regional and local officials and entities at least:
(1) [Reserved]
(2) 60 days from the date established by the Administrator to comment on proposed direct Federal development or Federal financial assistance.
(b) This section also applies to comments in cases in which the review, coordination, and communication with GSA have been delegated.
§ 101-6.2109 How does the Administrator receive and respond to comments?
(a) The Administrator follows the procedures in §101–6.2110 if:
(1) A State office or official is designated to act as a single point of contact between a State process and all Federal agencies, and
(2) That office or official transmits a State process recommendation for a program selected under §101–6.2106.
(b)(1) The single point of contact is not obligated to transmit comments from State, areawide, regional or local officials and entities where there is no State process recommendation.
(2) If a State process recommendation is transmitted by a single point of contact, all comments from State, areawide, regional, and local officials and entities that differ from it must also be transmitted.
(c) If a State has not established a process, or is unable to submit a State process recommendation, State, areawide, regional and local officials and entities may submit comments to GSA.
(d) If a program or activity is not selected for a State process, State, areawide, regional and local officials and entities may submit comments to GSA. In addition, if a State process recommendation for a nonselected program or activity is transmitted to GSA by the single point of contact, the Administrator follows the procedures of §101–6.2110 of this part.
(e) The Administrator considers comments which do not constitute a State process recommendation submitted under these regulations, and for which the Administrator is not required to apply the procedures of §101–6.2110 of this part, when such comments are provided by a single point of contact, or directly to GSA by a commenting party.
§ 101-6.2110 How does the Administrator make efforts to accommodate intergovernmental concerns?
(a) If a State process provides a State process recommendation to GSA through its single point of contact, the Administrator either:
(1) Accepts the recommendation;
(2) Reaches a mutually agreeable solution with the State process; or
(3) Provides the single point of contact with such written explanation of its decision, as the Administrator in his or her discretion deems appropriate. The Administrator may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.
(b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that:
(1) GSA will not implement its decision for at least ten days after the single point of contact receives the explanation; or
(2) The Administrator has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible.
(c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.
§ 101-6.2111 What are the Administrator's obligations in interstate situations?
(a) The Administrator is responsible for:
(1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas;
(2) Notifying appropriate officials and entities in States which have adopted a process and which have selected a GSA program or activity;
(3) Making efforts to identify and notify the affected State, areawide, regional, and local officials and entities in those States that have not adopted a process under the Order or have not selected a GSA program or activity; and
(4) Responding pursuant to §101–6.2110 of this part if the Administrator receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with GSA have been delegated.
(b) The Administrator uses the procedures in §101–6.2110 if a State process provides a State process recommendation to GSA through a single point of contact.
§ 101-6.2112 How may a State simplify, consolidate, or substitute federally required State plans?
(a) As used in this section:
(1) Simplify means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan.
(2) Consolidate means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and that the State can select the format, submission date, and planning period for the consolidated plan.
(3) Substitute means that a State may use a plan or other document that it has developed for its own purposes to meet Federal requirements.
(b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required State plans without prior approval by the Administrator.
(c) The Administrator reviews each State plan that a State has simplified, consolidated, or substituted and accepts the plan only if its contents meet Federal requirements.
§ 101-6.2113 May the Administrator waive any provision of these regulations?
In an emergency, the Administrator may waive any provision of these regulations.
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