Washington, D.
C. 20250
DEPARTMENTAL
REGULATION |
NUMBER: 1042-142 |
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SUBJECT:
RESOURCE ADVISORY COMMITTEES FOR THE STATE OF |
DATE: September 4, 2007 |
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OPI: |
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a. This regulation
will expire 2 years from the date of filing unless renewed by proper authority
and appropriate action.
b. This regulation
supersedes DR 1042-142 dated July 22, 2005.
a. Each RAC shall consist of 15 members
appointed by the Secretary of Agriculture.
Committee members shall be representative of the interests of the
following three categories:
(1) Five persons who—
(a) Represent
organized labor;
(b) Represent
developed outdoor recreation, off-highway vehicle users, or commercial
recreation activities;
(c) Represent
energy and mineral development interests;
(d) Represent the commercial timber industry; or
(e) Hold Federal grazing permits or other
land use permit within the area for which the committee is organized.
(2) Five persons representing—
(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.
(3) Five persons who—
(a) Hold State-elected
office or their designee;
(b) Hold county-
or local-elected office;
(c) Represent American Indian tribes within
or adjacent to the area for which the committee is organized;
(d) Are school officials or teachers; or
(e) Represent the affected public-at-large.
b. The Secretary shall appoint one replacement
for each of the three membership categories.
c. RAC members shall serve 3-year terms.
d. The Chairperson of the RAC shall be elected
by the RAC from among its members for a term of 1 year.
e. The Secretary of Agriculture shall appoint a designated Federal
officer (DFO) under sections 10(e) and (f) of the Federal AdvisoryCommittee
Act, 5 U.S.C. App., for each RAC.
f. Equal opportunity practices, in line with USDA
policies, shall be followed in all membership appointments to the
committee. To ensure that the
recommendations of the committee have taken into account the needs of the
diverse groups served by the Department, membership shall include, to the
extent practicable, individuals with demonstrated ability to represent
minorities, women, and persons with disabilities.
g. If a RAC member fails to attend (in person or by telephonic or electronic
means) two consecutive official meetings, the Secretary may remove that member
from the RAC.
h. If a
vacancy occurs on a RAC, the replacement, if available, shall fill the vacancy
as soon as practicable. If the
replacement is not available, a new member shall be appointed to the vacancy in
the same manner as the original appointment.
A replacement or a new member who fills a vacancy occurring before the
expiration of the term for which his/her predecessor was appointed shall be appointed
for the remainder of the term.
i. Membership
shall be a balanced and broad representation from within each of the three
membership categories.
j. Members
shall reside within the State or States in which the RAC has jurisdiction. To the extent practicable, each of the three categories
shall be composed of local representatives.
a. The
RAC shall review projects proposed under Title II of the Act by participating
counties and other persons.
b. The RAC shall propose projects and funding to
the Secretary of Agriculture under section 203 of the Act.
c. The RAC
shall provide early and continuous coordination with appropriate Forest Service
officials in recommending projects consistent with Title II of the Act.
d. The RAC
shall 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 the project development process under
Title II of the Act.
e. The RAC may
create and operate subcommittees recommended by a majority of the committee
members and approved by the Secretary or the DFO.
f. Consistent
with applicable laws and Departmental Regulations, each RAC may adopt such by-laws or rules of operation as
it deems advisable.
a. Members
of the Committee serve without compensation.
Reimbursement for travel and per diem for attendance at RAC meetings
called by the Chairperson and with an agenda approved by the DFO will be
determined on a forest basis with a view to budgetary constraints and the need
to achieve adequate representation of necessary groups.
b. Annual
operating costs are estimated to be $150,000.00 for the RACs and 2.75 staff
years of support.
a. The RAC
will meet as often as is necessary to complete their business.
b. A majority
of the members of a RAC must be present to constitute an official meeting of
the committee.
c. The
approval of a majority of the members of each of the three membership
categories of the RAC shall be required to approve a project for recommendation
to the Secretary.
a. The RAC reports to
the Secretary of Agriculture through the appropriate forest supervisor.
b. Support for the
RAC shall be provided by the Forest Service.
8. INTERPRETATION
For
guidance as to its duties, the RAC should consult the Act (copy attached). In the event the RAC is uncertain with regard
to its duties or procedures, it should consult the appropriate forest
supervisor. The Secretary shall resolve
ambiguities using first, the law, and then any relevant legislative history.
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