(a) For those programs and activities covered by a state process under § 1204.1506 the Administrator, to the extent permitted by law:

1. (1) Uses the official state process to determine views of state and local elected officials; and;
2. (2) Communicates with state and local elected officials, through the official state process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions.

(b) The Administrator provides notice to directly affected state, areawide, regional, and local entities in a state of proposed direct Federal development if:

1. (1) The state has not adopted a process under the Order; or

2. (2) The development involves a program or activity not selected for the state process.

   This notice may be made by publication in a periodical of general circulation in the area likely to be affected or other appropriate means, which the Agency in its discretion deems appropriate.