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Federal Advisory Committee Act (FACA)

Training CourseDecember 11, 2008

US Forest Service Office of Regulatory and Management Services (ORMS)

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Agenda

Purpose of the Federal Advisory Committee Act (FACA)

Who must comply with FACA? Applicable laws and directives General committee management guidance Establishing a committee Key Forest Service and Department personnel Secure Rural Schools Act resource advisory

committees (RACS)

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Purpose of FACA

Enacted in 1972 to ensure structure, transparency, objectivity and public accessibility is maintained by Federal agencies organizing and managing advisory committees.

Provides guidance for agencies seeking to establish, operate, monitor, and terminating advisory committees.

Created the Committee Management Secretariat to monitor compliance with the Act.

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Who must comply with FACA?

All Executive Branch departments, agencies, offices based throughout the federal system nationwide and overseas.

Compliance with FACA is required unless specified by Congress. Oversight is the responsibility of GSA, under delegation from OMB.

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Applicable Laws and Regulations:

Federal Advisory Committee Act (Public Law 92-463). Federal Advisory Committee Act Amendment of 1977

(Public Law 105-152). Unfunded Mandate Reform Act (Public Law 104-4). Government in the Sunshine Act (Public Law 94-409). OMB Circular No. A-135. Executive Order 12838. Vice President Memorandum, dated June 28, 1994. Section 204 – “State, Local and Tribal Government Input,

as it relates to Title II of Public Law 104-4.

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Applicable Laws and Regulations:

Vice President Memorandum, dated June 28, 1994.

Section 204 – “State, Local and Tribal Government Input, as it relates to Title II of Public Law 104-4.

GSA Federal Property Management Regulation 41 CFR Part 101-6

Federal Advisory Committee Act Final Rule 2001

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Applicable Departmental and Agency Directives:

Link to USDA Directive – 1041.001 (http://www.ocio.usda.gov/directives/doc/

DR1041-001.htm). Forest Service Manual 1350. (Currently under

revision, along with a new Forest Service Handbook.)

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General Committee Management Guidance:

Agency heads are required to appoint Designated Federal Officials who are responsible for management and supervision of agency committees.

Committees must have an executed (signed) charter in place and on file with the USDA before conducting committee business.

Charters must be renewed every two years or be terminated under the sunset provisions of Section 14 of the Act, unless otherwise provided by law.

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General Committee Management Guidance:

Advisory committee member selections are to be balanced in terms of the point of view represented, geographical representation duties performed. Civil Rights regulations apply; appointments will be reviewed by the USDA Office of Civil Rights.

Advisory committee meetings are required to be open to the public. Meeting locations must accommodate public access and participation.

Designated Federal Officials must approve all meetings and agendas, post agendas and minutes to the website, and attend meetings.

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General Committee Management Guidance:

Detailed committee meeting minutes will be kept and must contain:

Date and location of meetings. A record of attendees, including guests. A complete and accurate description of

matters discussed, conclusions reached with formal action by the committee as a whole.

Any advice or recommendations provided by the committee.

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Committee Establishment

Requirements:Congressional authority (law) and

funding authorization must be in place.Documentation required under USDA

Regulation 1041-001.Approval by the Chief of the Forest

Service and the Secretary of Agriculture.

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Committee Establishment: The Charter Package

Required documents include: Decision Memo from The Chief to the Secretary of

Agriculture. Charter in format provided by Directives and Regulations

office. Delegation of Authority for DFO. Financial Operations Plan. Civil Rights Impact Analysis (CRIA). Federal Register Notice. Copy of Legislative Authority.

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Committee Establishment:The Appointment Package

The required documents include: Decision Memos originate from The Chief, are routed

through the Under Secretary to the Secretary of Agriculture for signature.

Proposed matrix breakdown (for background review). Member Selection Form provided for each nominee. Resume and/or AD-755 (Advisory Committee or Research

and Promotion Background Information) for each nominee Appointment letters from Secretary to each new appointee. Certificate of Appointment to each new appointee.

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Office of Regulatory & Management Services

Manages the Federal Advisory Committee process and assists in establishing or renewing committees.

Provides information about laws, regulations and process Provides substantive input in initiating documents. Tracks documents through the Agency and Department. Coordinates the member appointments. Manages the annual reporting process.Secure Rural Schools Program Manager is the key contact for

program and operational questions

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Office of Regulatory & Management Services

Number of Forest Service Committees: 94 Secure Rural School Committees: 55*

*Projected number of new SRS Committees: 30 to 40 Other FS Committees: 39 Time Period to Establish a Committee: 4-6 months Estimated Cost of a Committee: $50,000+ Number of Clearances Required: 36 FACA Staff: 2 full time staff, 1 AD.

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Forest Service Secure Rural Schools Resource Advisory Committees (RACs)

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Secure Rural Schools Legislative History

Secure Rural School and Community Self-Determination Act of 2000 (10/30/2001 – 09/30/2006). P.L 106-393

Section 5401 of the Iraq Accountability Appropriations Act of 2007 (5/30/2007 – 09/30/2007).

Current Legislation: Emergency Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, and Tax Extenders and Alternate Minimum Tax Relief Act of 2008 (10/03/2008 – 10/03/2012). P.L. 110-343

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USDA Secure Rural Schools Resource Advisory Committee

Resource Advisory Committees (RACs) are established under the “Secure Rural School and Community Self-Determination Act. P.L. 110-343 (Act)

The committees provide advice and recommendations to the Forest Service and improve collaborative relationships. RACs advise the Forest Service on Secure Rural Schools special projects.

RACs are locally organized, but administered under FACA.

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USDA Secure Rural Schools Resource Advisory Committee

RACs are formed to ensure that line officers responsible for implementing title II projects have efficient and effective access to the advice of a RAC.

To ensure access, the Secretary may establish resource advisory committees for part of, or for one or more national forests.

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Secure Rural Schools special projects

The purposes of the Secure Rural Schools Act include making investments, and creating employment opportunities, through projects that:

improve the maintenance of existing infrastructure;

implement stewardship objectives that enhance forest ecosystems; and

restore and improve land health and water quality.

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Title II fundingThe Secure Rural Schools title II funds may be used for

projects that enjoy broad based support and have objectives that include--

road, trail, and infrastructure maintenance or obliteration; soil productivity improvement; improvements in forest ecosystem health; watershed restoration and maintenance; the restoration, maintenance, and improvement of wildlife

and fish habitat; the control of noxious and exotic weeds; and the re-establishment of native species; and Planning and implementing the projects should help

improve cooperative relationships among the people that use and care for Federal land and the agencies that manage the Federal land.

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Secure Rural Schools RAC operations

Each RAC shall be included on an approved charter.

A Secure Rural Schools RAC charter may include one or more RACs

Each RAC may develop and maintain its own by-laws or operating principles independent of but consistent with the charter

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Duties of Secure Rural Schools RACs

review projects proposed under title II by participating counties and other persons;

recommend projects and funding through the Designated Federal Official (DFO) to the Forest Supervisor;

provide early and continuous coordination with the DFO in recommending title II projects;

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Duties of Secure Rural Schools RACs

provide frequent opportunities for citizens, organizations, tribes, land management agencies, and other interested parties to participate openly and meaningfully, beginning at the early stages of developing title II projects;

monitor implementation of approved title II and advise the DFO on the progress of the monitoring;

make recommendations to the DFO for any appropriate changes or adjustments to the projects being monitored by the resource advisory committee.

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Composition of Secure Rural Schools Advisory Committee

A RAC shall consist of 15 members appointed by the Secretary of Agriculture.

Committee members shall be representative of interests of the following three categories:

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Composition of Secure Rural Schools Advisory Committee

Category A(1) Five persons representing the following interests–

(a) Organized labor or non-timber forest product harvester groups;

(b) Developed outdoor recreation, off highway vehicle users, or commercial recreation activities;

(c) Energy and mineral development, or commercial or recreational fishing interests;

(d) Commercial timber industry; or

(e) Hold Federal grazing permits or other land use permits or represent non-industrial private forest land owners.

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Composition of Secure Rural Schools Advisory Committee

Category B

(2) Five persons who represent--

(a) Nationally recognized environmental organizations;

(b) Regionally or locally recognized environmental organizations;

(c) Dispersed recreational activities;

(d) Archaeological and historical interests; or

(e) Nationally or regionally recognized wild horse and burro interest groups, wildlife or hunting organizations, or watershed associations.

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Composition of Secure Rural Schools Advisory Committee

Category C

(3) Five persons who –

(a) Hold State elected office or their designee;

(b) Hold County or local elected official;

(c) Represent American Indian tribes within or adjacent to the area for which the

committee is organized;

(d) School officials or teachers; or

(e) Represent the affected public-at-large.

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Secure Rural Schools Advisory Committee operations

The Secretary shall appoint one replacement for each of the three categories.

RAC members shall serve 4-year terms

The Chairperson of each RAC shall be elected by the RAC from among its members for a term of 1 year.

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WO Resources for Secure Rural Schools RACs

Secure Rural Schools Program Manager, Rick Alexander, 360 891-5162.

FACA Coordinator Helen Abraham at 202-401-4469.

FACA Assistant Director George Vargas, 202-205-0444.