State Coordination in the Review of Federal and State Concerns
I, Jay S. Hammond, Governor of the State of Alaska, under the authority of Article III, Sections 1 and 24 of the Alaska Constitution, find and order that:
Findings:
- My review of (A) federal activities, (B) state activities and plans, studies and other major documents, (C) coastal management matters, (D) proposed VISTA placements in Alaska, (E) notifications of federal funding awards in Alaska, and (F) Administrative Orders will be enhanced by the designation of a single state office to coordinate oversight of these matters.
- The U.S. Office of Management and Budget has adopted procedures (Circular A-95) to coordinate federal activities with the plans and programs of state, areawide and local agencies, and implementing these procedures through a state clearinghouse, would be desirable.
- in order to encourage further intergovernmental coordination between all levels of government and to prevent duplication of effort by state agencies, all state agencies should submit for review their applications for federal assistance, plans, studies, or other major documents that would benefit from a statewide review.
- The Division of Policy Development and Planning (DPDP) and its Director have statutory responsibilities for plan and program coordination and review as defined under:
AS 44.19.877(a)(2)
AS 44.19.877(b)(2)
AS 44.19.880(a)(l); (3); (10); (11); (12)
AS 44.19.880(c)(l). - Section 307 of the federal Coastal Zone Management Act of 1972 requires that, upon approval of the Alaska Coastal Management Program (ACMP), all federal and federally licensed, permitted, and assisted proposals likely to affect significantly the coastal area must be reviewed by the state for consistency with the ACMP.
- The Office of Coastal Management in the Division of Policy Development and Planning, as the agency providing staff support for the Alaska Coastal Policy Council, is responsible for coordinating state agencies to facilitate the development and implementation of the Alaska Coastal Management Program.(ACMP), and for ensuring consistency of all activities significantly affecting the coastal area with the ACMP. State agencies’ activities constitute an important portion of all activities occurring in the coastal area and, therefore, must be consistent with the ACMP. Formal consistency determinations for major actions undertaken by the state in the coastal area should not in all cases be left solely to the line agency most involved in the proposed action because major actions raise substantive issues which affect the responsibilities of another state agency or are outside the expertise of the line agency most involved.
- Section 103(d) of the Domestic Volunteer Services Act of 1973 (42 U.S.C., sec. 4953(d)) states that the governor of an affected state may have 45 days in which to express his or her disapproval of the placement of a Volunteer in Service to America (VISTA). The governor’s disapproval of a VISTA placement prevents that VISTA from being located in the state.
- The U.S. Department of Treasury has adopted regulations (Treasury Circular 1082) governing the notification of states of federal funding awards within their jurisdictions.
Order:
SECTION 1. The State Clearinghouse, within the Division of Policy Development and Planning, Office of the Governor, is
- assigned the responsibility for ensuring State of Alaska compliance with the guidelines set forth in the Office of Management and Budget (OMB) Circular A-95 by coordinating and conducting the review of proposed federal activities and direct federal development project proposals, environmental assessments and impact statements, and state plans required or forming the basis for funding under various federal programs;
- designated as the office responsible for coordinating statewide review of state agencies activities which would benefit from a statewide review as determined in consultation with each state agency;
- designated as the office responsible for coordinating and conducting the review of state plans (statewide or regional in scope) required by law or regulation or which form the basis for federal funding and require my signature. Upon approval of the plan for conformity with the policies of my administration and for the appropriateness of the plan’s development review, as signified by the signature of the director, the plan will be forwarded to me for signature;
- designated as the office responsible for coordinating the state review of federal coastal management consistency matters;
- designated as the office responsible for coordinating the state review of state coastal management consistency matters. Such coordination will only occur if I or the state agency initiating the proposed activity request DPDP to make the consistency determination.
- designated as the office responsible for the final circulation for comment by state agencies of proposed administrative orders prior to being presented to me for signature;
- designated as the office responsible for coordinating my review of proposed placements of VISTA’5 in Alaska; and
- designated the State Central Information Reception Agency (SCIRA) in accordance with Treasury Circular 1082 to be notified of federal funding awards which affect Alaska.
SECTION 2. The State Clearinghouse shall develop procedures for implementing Section 1 of this order. These procedures should be tailored to the specific needs of each type of project listed and must be consistent with applicable federal requirements. The procedures should be oriented towards ensuring equitable treatment of all review items and facilitating the State Clearinghouse’s ability to promote state-federal coordination and state interagency coordination. SECTION 3. This order is intended to facilitate efficient intergovernmental coordination and communication. I may assign other coordinative responsibilities to the State Clearinghouse in the future as the need arises.
SECTION 4. This order takes effect Aug. 8, 1980.
DATED: Aug. 8, 1980
S/S Jay S. Hammond
Jay S. Hammond
Governor of Alaska
