Department of the Interior

Departmental Manual

Effective Date: 1/24/97

Series: Intergovernmental Relations

Part 511: Coordination with State and Local Governments

Chapter 3: Communication with State/Local Officials Concerning Dept.'s Programs/Activities

Originating Office: Office of Acquisition and Property Management

511 DM 3

3.1 Purpose. This chapter establishes procedures to be used by bureaus and offices to communicate with State and local officials concerning bureau and office programs and activities under 43 CFR §§ 9.7 and 9.8.

3.2 Program and Activity Coverage. Bureaus and offices are required to communicate with State and local elected officials, through the official State process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions. For programs and activities not selected by a State for coverage under its process or for those States which have not adopted a process, the bureau or office IRC shall provide notice to directly affected State, areawide, regional, and local entities in the State by publication in the Federal Register or other appropriate means.

3.3 Providing an Opportunity to Comment. Bureau and office regulations and procedures shall provide an opportunity for comments on proposed awards under State processes or from State, areawide, regional and local officials in accordance with the requirements of 43 CFR § 9.8.

3.4 Receipt and Response to Intergovernmental Comments and Concerns.

A. Bureau and office procedures shall fully implement the requirements of 43 CFR §§ 9.9 and 9.10. These procedures shall include a listing of the program official(s) authorized to take the actions listed in 43 CFR § 9.10(a)(1)-(3).

B. In accordance with 43 CFR § 9.9(c), State, areawide, regional and local officials and entities may submit comments either to the applicant or to the Department (bureau) if a State has not established a process, or is unable to submit a consensus or State process recommendation. Before acceptance of such comments, bureau and office procedures shall require verification that a State has no process or that notification was given that a State process recommendation or consensus recommendation would not be submitted.

C. Under 43 CFR § 9.9(d), State, areawide, regional and local officials and entities may also submit comments either to the applicant or to the Department if a program or activity was not selected for a State process. Before accepting such comments, bureau and office procedures shall require verification that the program or activity has not been selected for the State's process.

D. Whether comments are provided through a single point of contact by the applicant or directly to the Department (bureau), bureaus and offices shall take action to assure that comments which are not required to be accommodated will be considered.

E. A copy of each written explanation of a nonaccommodation made under 43 CFR § 9.10(a)(3) shall be forwarded to the Office of Acquisition and Property Management at the time it is sent to the single point of contact. The Office of Acquisition and Property Management shall maintain a central file of all nonaccommodations.

1/24/97 #3132

Replaces 4/3/84 #2565

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