N.Y. Comp. Codes R. & Regs. tit. 9 § 4.51

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.51 - Executive Order No. 51: Designating the Division of the Budget to coordinate the intergovernmental review of Federal programs. [*]

WHEREAS, it is essential for the Federal government to enlist the cooperation of State and local governments in evaluating, reviewing and coordinating direct Federal developmental activities and federally assisted programs and projects; and

WHEREAS, New York State has participated for more than a decade through its State Clearinghouse in such a system of intergovernmental consultation as prescribed for specified activities and programs by Circular A-95 of the U.S. Office of Management and Budget (OMB), which had been issued in 1969 to help effectuate two Federal statutes - section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 ( P.L. 89-754) and section 401 of the Intergovernmental Cooperation Act of 1968 ( P.L. 90-577); and

WHEREAS, OMB Circular A-95 was rescinded effective September 30, 1983, concurrent with the effective date of Presidential Executive Order 12372 on "Intergovernmental Review of Federal Programs" (July 14, 1982), as amended by Presidential Executive Order 12416 (April 8, 1983); and

WHEREAS, this Presidential Executive Order directs Federal agencies to provide opportunities for consultation by elected officials of State and local governments directly affected by proposed Federal developmental activities or financial assistance, and to be responsive to recommendations emanating from a single point of contact within any state; and

WHEREAS, such order enables and encourages each state, in consultation with its local elected officials and governments, to develop and establish its own review mechanism through which both State and local governments can monitor and influence such proposed Federal activities and assistance; and

WHEREAS, to ensure the manageability and effectiveness of the review process in New York State, county governments, or multi-county planning organizations where they exist, should be utilized to the extent practicable as representatives of local government for development and implementation of the intergovernmental review of Federal programs in the State; and

WHEREAS, the State Clearinghouse in the New York State Division of the Budget, after consultation with local elected officials and the State's regional planning boards, has developed a New York State Intergovernmental Review Process that is consistent with the objectives of Presidential Executive Order 12372, as amended by Presidential Executive Order 12416;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York:

(1) Do hereby designate the New York State Intergovernmental Review Process as the official mechanism through which New York State and its local governments can provide commentary into Federal decisionmaking processes that determine the outcome of proposed direct Federal developmental activities and proposed Federal assistance for other programs and projects; and

(2) Do further designate the Director of the Budget or his designee as the required single point of contact for:

(a) coordinating operation of the aforementioned review process;

(b) revising its procedures and scope of coverage from time to time, as may be necessary, after further consultation with local governments; and

(c) transmitting all official recommendations generated by such process to the appropriate Federal authorities.

Signed: Mario M. Cuomo

Dated: October 30, 1984

Footnotes

^* [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.51