[Title 28 CFR 30]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 30 - INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseINTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES30PART 30JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 30--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES--Table of Contents




Sec.
30.1  What is the purpose of these regulations?
30.2  What definitions apply to these regulations?
30.3  What programs and activities of the Department are subject to 
          these regulations?
30.4  What are the Attorney General's general responsibilities under the 
          Order?
30.5  What is the Attorney General's obligation with respect to Federal 
          interagency coordination?
30.6  What procedures apply to the selection of programs and activities 
          under these regulations?
30.7  How does the Attorney General communicate with state and local 
          officials concerning the Department's programs and activities?
30.8  How does the Attorney General provide an opportunity to comment on 
          proposed Federal financial assistance and direct Federal 
          development?
30.9  How does the Attorney General receive and respond to comments?
30.10  How does the Attorney General make efforts to accommodate 
          intergovernmental concerns?
30.11  What are the Attorney General's obligations in interstate 
          situations?
30.12  How may a state simplify, consolidate, or substitute federally 
          required state plans?
30.13  May the Attorney General waive any provision of these 
          regulations?

    Authority: Executive Order 12372, July 14, 1982 (47 FR 30959), as 
amended April 8, 1983 (48 FR 15887); Sec. 401 of the Intergovernmental 
Cooperation Act of 1968 as amended (31 U.S.C. 6506); Sec. 204 of the 
Demonstration Cities and Metropolitan Development Act of 1966 as amended 
(42 U.S.C. 3334).

[[Page 442]]


    Source: Order No. 1018-83, 48 FR 29246, June 24, 1983, unless 
otherwise noted.



Sec. 30.1  What is the purpose of these regulations?

    (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 and section 204 of the Demonstration Cities and 
Metropolitan Development Act of 1966.
    (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 
the Department, and are not intended to create any right or benefit 
enforceable at law by a party against the Department or its officers.



Sec. 30.2  What definitions apply to these regulations?

    Department means the U.S. Department of Justice.
    Order means Executive Order 12372, issued July 14, 1982, and amended 
April 8, 1983 and titled ``Intergovernmental Review of Federal 
Programs.''
    Attorney General means the Attorney General or an official or 
employee of the Department acting for the Attorney General 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.



Sec. 30.3  What programs and activities of the Department are subject to these regulations?

    The Attorney General publishes in the Federal Register a list of the 
Department's programs and activities that are subject to these 
regulations and identifies which of these are subject to the 
requirements of section 204 of the Demonstration Cities and Metropolitan 
Development Act.



Sec. 30.4  What are the Attorney General's general responsibilities under the Order?

    (a) The Attorney General 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, the Department.
    (b) If a state adopts a process under the Order to review and 
coordinate proposed federal financial assistance and direct federal 
development, the Attorney General, 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 planing 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) Support state and local governments by discouraging the 
reauthorization or creations of any planning organization which is 
federally-funded, which has a limited purpose, and which is not 
adequately representative of, or accountable to, state or local elected 
officials.

[[Page 443]]

    (c) In considering comments received under these regulations, the 
Attorney General considers the objectives set forth in 31 U.S.C. 
6506(b).



Sec. 30.5  What is the Attorney General's obligation with respect to Federal interagency coordination?

    The Attorney General, 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 the Department regarding programs and activities covered 
under these regulations.



Sec. 30.6  What procedures apply to the selection of programs and activities under these regulations?

    (a) A state may select any program or activity published in the 
Federal Register in accordance with Sec. 30.3 of this part for 
intergovernmental review under these regulations. Each state, before 
selecting programs and activities, shall consult with local elected 
officials.
    (b) Each state that adopts a process shall notify the Attorney 
General of the Department's programs and activities selected for that 
process.
    (c) A state may notify the Attorney General of changes in its 
selections at any time. For each change, the state shall submit to the 
Attorney General an assurance that the state has consulted with local 
elected officials regarding the change. The Department may establish 
deadlines by which states are required to inform the Attorney General of 
changes in their program selections.
    (d) The Attorney General uses a State's process as soon as feasible, 
depending on individual programs and activities, after the Attorney 
General is notified of its selections.



Sec. 30.7  How does the Attorney General communicate with state and local officials concerning the Department's programs and activities?

    (a) For those programs and activities covered by a state process 
under Sec. 30.6, the Attorney General, to the extent permitted by law:
    (1) Uses the state process to determine views of state and local 
elected officials; and
    (2) Communicates with state and local elected officials, through the 
state process, as early in a program planning cycle as is reasonably 
feasible to explain specific plans and actions.
    (b) The Attorney General provides notice to directly affected state, 
areawide, regional, and local entities in a state or 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.

This notice may be made by publication in the Federal Register or other 
means which the Department in its discretion deems appropriate.



Sec. 30.8  How does the Attorney General provide an opportunity to comment on proposed Federal financial assistance and direct Federal development?

    (a) Except in unusual circumstances, the Attorney General gives 
state processes or directly affected state, areawide, regional, and 
local officials and entities:
    (1) At least 30 days from the date established by the Attorney 
General to comment on proposed federal financial assistance in the form 
of noncompeting continuation awards; and
    (2) At least 60 days from the date established by the Attorney 
General to comment on proposed direct federal development or federal 
financial assistance other than noncompeting continuation awards.
    (b) This section also applies to comments in cases in which the 
review, coordination, and communication with the Department have been 
delegated.
    (c) Applicants for programs and activities subject to section 204 of 
the Demonstration Cities and Metropolitan Act shall allow areawide 
agencies a 60-day opportunity for review and comments.

[[Page 444]]



Sec. 30.9  How does the Attorney General receive and respond to comments?

    (a) The Attorney General follows the procedures in Sec. 30.10 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 Sec. 30.6.
    (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 either to the applicant or to 
the Department.
    (d) If a program or activity is not selected for a state process, 
state, areawide, regional, and local officials and entities may submit 
comments either to the applicant or to the Department. In addition, if a 
state process recommendation for a nonselected program or activity is 
transmitted to the Department by the single point of contact, the 
Attorney General follows the procedures of Sec. 30.10 of this part.
    (e) The Attorney General considers comments which do not constitute 
a state process recommendation submitted under these regulations and for 
which the Attorney General is not required to apply the procedures of 
Sec. 30.10 of this part, when such comments are provided by a single 
point of contact, by the applicant, or directly to the Department by a 
commenting party.



Sec. 30.10  How does the Attorney General make efforts to accommodate intergovernmental concerns?

    (a) If a state process provides a state process recommendation to 
the Department through its single point of contact, the Attorney General 
either:
    (1) Accepts the recommendation;
    (2) Reaches a mutually agreeable solution with the state process; or
    (3) Provides the single point of contact with a written explanation 
of the decision, in such form as the Attorney General in his or her 
discretion deems appropriate. The Attorney General 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 
Attorney General informs the single point of contact that:
    (1) The Department will not implement its decision for at least ten 
days after the single point of contact receives the explanation; or
    (2) The Attorney General 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 five days after the date of mailing of 
such notification.



Sec. 30.11  What are the Attorney General's obligations in interstate situations?

    (a) The Attorney General 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 select the Department's 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 do not select the 
Department's program or activity; and
    (4) Responding pursuant to Sec. 30.10 if the Attorney General 
receives a recommendation from a designated areawide agency transmitted 
by a single point of contact in cases in which

[[Page 445]]

the review, coordination, and communication with the Department have 
been delegated.
    (b) The Attorney General uses the procedures in Sec. 30.10 if a 
state process provides a state process recommendation to the Department 
through a single point of contact.



Sec. 30.12  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 Attorney General.
    (c) The Attorney General reviews each state plan that a state has 
simplified, consolidated, or substituted and accepts the plan only if 
its contents meet federal requirements.



Sec. 30.13  May the Attorney General waive any provision of these regulations?

    In an emergency, the Attorney General may waive any provision of 
these regulations.