[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR79.4]



[Page 197]

 

                           TITLE 34--EDUCATION

 

PART 79_INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS 

AND ACTIVITIES--Table of Contents

 

Sec.  79.4  What are the Secretary's general responsibilities under 

the Order?



    (a) The Secretary provides opportunities for consultation by elected 

officials of those state and local governments that would provide the 

nonfederal funds for, or that would be directly affected by, proposed 

federal financial assistance from the Department.

    (b) If a state adopts a process under the Order to review and 

coordinate proposed federal financial assistance, the Secretary, 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 official's 

concerns with proposed federal financial assistance 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 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 a limited purpose, and which is not 

adequately representative of, or accountable to, state or local elected 

officials.



(Authority: E.O. 12372, Sec. 2)