(a) For those programs and activities covered by a state process under § 384.6, the responsible Corps official, to the extent permitted by law:

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

(b) The District Engineer 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; or

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

   This notice may be made by publication in the Federal Register or other appropriate means, which the District Engineer in his discretion deems appropriate.