2 U.S.C. § 1534
Section 1534 · State, local, and tribal government input
Amended 2 times on record
Applied in 2 court decisions — leading case 179 F. Supp. 2d 1279 - Wyoming Sawmills, Inc. v. United States Forest Service (2001)
Most recently applied in 637 F. Supp. 2d 868 - IDAHO WOOL GROWERS ASSOC. v. Schafer (July 2009)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates.
Chapter 10 of title 5 shall not apply to actions in support of intergovernmental communications where—
(1) meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities; and
(2) such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.
No later than 6 months after March 22, 1995, the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
Amendments
2022—Subsec. (b). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in introductory provisions.
Executive Documents
Delegation of Authority To Issue Guidelines and Instructions
Memorandum of President of the United States, Aug. 25, 1995, 60 F.R. 45039, provided:
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.