(a) For those programs and activities covered by a state process under § 1311.6, TVA, 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) TVA provides notice to directly affected state, areawide, regional, and local entities in a state of proposed Federal financial assistance or direct federal development if:

1. (1) The state has not adopted a process under the Order;
2. (2) The assistance or development involves a program or activity not selected for the state process; or

3. (3) The particular government entity is not part of or involved in the state process.

   This notice may be made by a publication widely available in the potentially affected area or other appropriate means, which TVA in its discretion deems appropriate.