The Local Official Consultation Rule, first published in the Federal Register on January 23, 2003, has now been incorporated into, and superseded by, the FHWA/FTA final rule on statewide and metropolitan transportation planning. The planning final rule, published in the Federal Register on February 14, 2007, was developed as a result of the passage of SAFETEA-LU and became effective on March 16, 2007. [23 CFR 450.210(b)]
Pursuant to the requirements of the Local Official Consultation Rule, the States and Puerto Rico have documented and implemented their consultation processes, and have performed the most recent review called for by February 24, 2016. The final rule sets forward the regulatory framework for local official consultation.
SAFETEA-LU requires States to have a documented process(es) for consulting with and considering the concerns of non-metropolitan officials when making transportation decisions in their Statewide Transportation Planning and Programming processes. The final rule clarifies the role of non-metropolitan local officials in the statewide transportation planning process, and further provides for the participation of the non-metropolitan local officials that is separate and discrete from the public involvement process.
The States are also required to review and solicit comments regarding the consultation process in order to ensure that the process is continually effective. At least once every five years, the States must review and solicit comments (for a minimum of 60 days) from the non-metropolitan local officials and other interested parties on the effectiveness of the existing consultation process(es) and proposed modifications. The next review is called for in early 2016.