This webpage informs recipients and applicants about how to determine which USDA financial assistance programs and activities are subject to Intergovernmental Review (IR) requirements.
What is E.O. 12372?
Executive Order (EO) 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 (amended April 8, 1983) is intended to foster an intergovernmental partnership by relying on State processes and on State, areawide, regional and local coordination for review of proposed Federal financial assistance.
Does E.O. 12372 apply to your application for Federal Financial Assistance?
Follow these steps:
- Does the current Notice of Funding Opportunity (NOFO)* for the federal financial assistance program state that the program is subject to E.O. 12372?
- If yes, go to Step 2.
- If no, you need not go further.
- Is your state or territory found on the Office of Management and Budget (OMB) list of State Points of Contact (SPOC)?
- If yes, please contact your SPOC as soon as possible for instructions specific to your state.
- If not, then you need not go further.
Notes:
- The SPOC is the individual or office responsible for coordinating IR review for the state.
- If your project serves more than one State, you should contact the SPOC of each State.
* This document may also be referred to as a Notice of Funding Availability (NOFA), Request for Applications (RFA), Request for Proposals (RFP), Funding Opportunity Announcement (FOA), etc.
USDA Programs Subject to EO 12372
See the below spreadsheet for a list of all USDA programs subject to IR.
Assistance Listings EO 12372 (XLSX, 23.7 KB)
Learn more about E.O. 12372
E.O. 12372 cites two primary statutes as the substantive basis for the IR requirement--Section 401 of the Intergovernmental Cooperation Act of 1968 (Section 401) and Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (Section 204).
As provided in 2 CFR 415.5, USDA financial assistance programs subject to IR are those which USDA publishes in the Federal Register or other means, which the Department in its discretion deems appropriate. This page fulfills this regulatory requirement and serves as the source for the list of USDA’s financial assistance programs subject to E.O. 12372.
On April 7, 2022, USDA issued Federal Register Notice (FRN) on Agency Programs Subject to Intergovernmental Review. The April 7, 2022, FRN described USDA’s policy of posting and maintaining the list of financial assistance programs and activities subject to IR. Additionally, USDA identifies financial assistance programs subject to IR in the Federal Assistance Listings available on SAM.gov.
Contacts
Questions regarding IR and its applicability to specific USDA programs should reach out to the points of contact provided in the NOFO or identified on the program’s Federal Assistance Listing available on SAM.gov.
Questions regarding the spreadsheet or this webpage should be sent to ffac@usda.gov.