Sec. 34.02.01.06. Review and Recommendations

A. General. At the end of and within the review period, review coordinators shall submit comments and recommendations to the Clearinghouse. The Clearinghouse, acting as the State single point of contact, will organize these comments and recommendations and will communicate the concerns of State, regional, and local officials to the approving authority or the applicant, or both, as indicated in the review request letter. The Clearinghouse will strive to formulate a single recommended course of action based on comments and recommendations received.

B. Specific Requirements.

(1) A review coordinator need not comment on every proposal of which the review coordinator is notified. However, if the review coordinator wishes to comment, the review coordinator shall respond to the Clearinghouse by the date established in the review request letter and on the response forms provided.

(2) The Clearinghouse shall transmit all comments that it receives to the approving authority or the applicant, or both, as indicated in the review request letter, for consideration.

(3) The Clearinghouse shall strive to formulate a consensus recommendation in which all or most parties directly affected by an application can concur.

(4) The Clearinghouse shall organize comments and recommendations in the form of a summary letter. The Clearinghouse shall provide a copy of this letter to the applicant and to each review coordinator who received notification information from the Clearinghouse.

(5) An applicant for financial assistance shall attach the Clearinghouse letter to the application, if the Clearinghouse has not sent a copy directly to the approving authority. The applicant may also attach a statement explaining the consideration that the applicant has given to reviewers' comments and recommendations. The applicant shall send a copy of any explanatory statement to the Clearinghouse.

(6) The Clearinghouse review letter is valid for 3 years. If a notifying party wishes to pursue a project not begun or an application not funded within 3 years, the party shall renotify the Clearinghouse, so that the Clearinghouse may conduct a new review.

(7) The Clearinghouse shall advise the notifying party as soon as it learns of any disagreement with or concern regarding an application. The Clearinghouse and reviewing entities shall try to resolve informally any disagreements or conflicts identified during the review. Methods of informal dispute resolution may include telephone conferences, correspondence, and in-person conferences. The Clearinghouse may extend the review period to accommodate efforts to resolve disagreements.

C. Purpose and Subject Matter of Comments and Recommendations.

(1) The purpose of the consultation process is to assure maximum consistency between the proposed action and State, regional, and local plans, policies, and programs. Reviewers should keep this purpose in mind when making their comments and recommendations.

(2) Comments should address the extent to which the proposed action is consistent with adopted plans or policies and would contribute to the achievement of program objectives and priorities.

(3) Comments should be made in the context of federal, State, and local statutes, regulations, and other official requirements governing a specific program or activity.

(4) Comments should address the extent to which the proposed action may affect the social, economic, and physical environment.

(5) Comments should specify the magnitude of the reviewer's concern.

(6) Comments may also provide useful information relevant to the further development of the proposal.

D. Questions Raised by the Clearinghouse Review Letter. If a notifying party wants additional information about the Clearinghouse or a reviewer's comments or recommendations, the notifying party may contact the Clearinghouse or the appropriate review coordinator. The notifying party should provide the Clearinghouse with copies of correspondence between the notifying party and any review coordinator.