6. Section 204, “State, Local, and Tribal Government Input.”

Agencies are, “to the extent permitted in law, [to] develop an effective process to permit elected officers of State, local, and tribal governments … to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates” (Sec. 204(a)). Under this process, meetings are exempt from the Federal Advisory Committee Act (Sec. 204(b)).

The President is to issue guidelines for appropriate implementation of this section no later than six months from the date of enactment (Sec. 204(c)). Until that time, I suggest that you review the procedures you have developed to comply with E.O. 12875 and the Guidance for Implementing E.O. 12875, Section l, that we sent you on January ll, 1994.

That Guidance suggests that intergovernmental consultations should take place as early as possible, and be integrated into the ongoing rulemaking process. It suggests that agencies should consult with the heads of governments, program and financial officials,· and Washington representatives and elected officials. To facilitate these consultations, the Guidance suggests that agencies should estimate the direct costs to be incurred by the affected governments, and make reasonable efforts to disaggregate these cost estimates.

Back to Section 204

Unfunded Mandates Reform Act of 1995 (General Information)