U.S. DEPARTMENT OF
AGRICULTURE
WASHINGTON, D.C. 20250
DEPARTMENTAL REGULATION |
NUMBER: 1042-152 |
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SUBJECT: RECREATION RESOURCE ADVISORY COMMITTEES |
DATE: September 12, 2006 |
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OPI: Forest Service |
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1
PURPOSE AND SCOPE
a This
regulation establishes five Recreation Resource Advisory Committees for the
Forest Service (Recreation RACs) to make recommendations to the Secretary of
Agriculture on recreation fees on lands and waters managed by the Forest
Service in the regions identified in Section 1 b. In accordance with the Interagency Agreement between the USDA
Forest Service and the USDI Bureau of Land Management (BLM), the Recreation
RACs, where applicable, shall make recreation fee recommendations for the BLM
in areas for which the Recreation RACs are responsible. The Recreation RACs are established in
accordance with Section 4 of the Federal Lands Recreation Enhancement Act (Act)
(Pub. L. No.108-447) and the Federal Advisory Committee Act (FACA) (5 U.S.C.
App. 2).
b The
Secretary is establishing the following Recreation RACs to make recommendations
concerning recreation fees in the States and
territories within their boundaries:
(1) Eastern
Region Recreation Resource Advisory Committee,
(2) Southern
Region Recreation Resource Advisory Committee,
(3) Pacific
Southwest Region Recreation Resource Advisory
Committee,
(4) Colorado
Recreation Resource Advisory Committee, and
2 SPECIAL
INSTRUCTIONS
a This regulation
expires 2 years from the date of filing unless renewed by proper authority and
appropriate action.
b If the Secretary, in consultation with the Governor of a
State or each of the Governors of the States within the jurisdiction of a
Recreation RAC, determines that insufficient interest exists to continue to
ensure that participation on the Recreation RAC is balanced in terms of the
points of view represented, the Secretary will terminate the Recreation RAC.
c The
Secretary will remove a State from the Recreation RAC’s deliberations if that
State’s Governor requests that action based on the State’s lack of interest in
continuing its participation.
d The Recreation RACs shall terminate 10 years from
December 8, 2004.
a Each Recreation
RAC shall consist of 11 members appointed by the Secretary of
Agriculture. These members shall
provide a broad and balanced representation from the
recreation community as follows:
(1) Five persons who represent recreation users
and that include, as appropriate, persons representing—
(a) Winter motorized recreation such as
snowmobiling;
(b) Winter nonmotorized recreation such as snowshoeing,
cross-country and downhill skiing, and snowboarding;
(c) Summer motorized recreation such as
motorcycling, boating, and off-highway vehicle driving;
(d) Summer nonmotorized recreation such as
backpacking, horseback riding, mountain biking, canoeing, and rafting; and
(e) Hunting and fishing.
(2) Three persons who represent interest groups that include, as
appropriate:
(a)
Motorized outfitters and guides;
(b)
Nonmotorized outfitters and guides; and
(c)
Local environmental groups.
(3) Three persons who are—
(a) State tourism official representing the State;
(b) A representative of affected Indian tribes; and
(c) A representative of affected local
government interests.
b Membership
shall be balanced, including a broad representation of the interests identified
in the Act within each of the three membership groups and, in consultation with
the State Governors and appropriate county officials.
c The Secretary shall appoint members to each
Recreation RAC to 2- or 3-year terms beginning on the date they are
appointed. Members may be reappointed
to one subsequent 3-year term.
d An alternate for a member will be appointed to fill a vacancy
should the member find it necessary to leave the Recreation RAC. An alternate shall not take a member’s
place in the member’s absence.
e If a vacancy occurs
that cannot be filled by an alternate, the Secretary shall appoint a member to
fill the vacancy as soon as practicable from a list of nominees received from
the Governors and the designated county officials not later than 2 months after
notification. The list of nominees
submitted by the Governor or county officials may be the original list from
which appointments were made or an updated list. The appointment will be made in the same manner as the original
appointment and, if possible, the member appointed shall represent the same
interest as that of the member who left the Recreation RAC. The member appointed to fill the vacancy
shall complete the term of the original member.
f If a Recreation RAC member fails to attend
(in person or by telephonic or electronic means) two consecutive official
meetings, the Secretary or DFO may remove that member from the Recreation RAC.
g The
approval of a majority of the members of each of the three groups identified in
the Act and documentation of public support for the recommendation shall be
required to submit a recreation fee recommendation to the Secretary. The Recreation RACs
shall determine whether there is general public support for the recommendation.
h The
Chairperson of each Recreation
RAC shall be selected by majority vote of the Recreation RAC from
among its members for a period of time as determined by the Recreation RAC.
i The Forest
Service Regional Foresters, or designees, for each identified Recreation RAC,
as appropriate, shall serve as the designated Federal officer (DFO) of their
respective Recreation RACs, in accordance with sections 10(e) and (f) of the
Federal Advisory Committee Act. The BLM State Director who has management responsibility for
a particular Recreation RAC area, or designee, will serve as an ex officio
official to the Recreation RAC for meetings when BLM recreation fees are on the
agenda. Recreation fee recommendations
concerning the BLM will be presented directly to the ex officio BLM official.
j Equal opportunity practices, consistent with
USDA policy, 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.
4 DUTIES
a A Recreation RAC will
serve in an advisory capacity to the Forest Service and BLM officials within
the Recreation RAC’s area
of jurisdiction on matters including, but not limited to:
(1) The implementation of a standard amenity
recreation fee or an expanded amenity recreation fee or the establishment of a
specific recreation fee site;
(2) The elimination of a standard amenity
recreation fee or an expanded amenity recreation fee;
(3) The expansion or limitation of the
recreation fee program;
(4) The
implementation or elimination of noncommercial, individual special recreation
permit fees; and
(5) The
implementation of fee-level changes (increases or decreases).
b Recreation
RACs do not have the authority to make recommendations on certain aspects of
fee programs, including, but not limited to--
(1)
Recreation fee sites
operated by a concessionaire or contractor such as campgrounds or reservation
fees assessed by the national recreation reservation system; and
(2)
Commercial permits such
as outfitting and guiding and recreation group event permits, which are issued
as either special use permits by the Forest Service or special recreation
permits by the BLM, such as bike races.
c The Recreation RACs may create and operate
subcommittees recommended by a majority of the committee members and approved
by the DFO to facilitate the work of the Recreation RACs. Subcommittees, which may vary widely in
structure, composition, and purpose, report directly to the Recreation RAC that
formed them.
The DFO, or designee, must attend subcommittee meetings. Subcommittees
shall keep meeting minutes that include attendees, public comment, and
recommendations that are presented to the Recreation RAC.
d Consistent with applicable laws and USDA
regulations, the Recreation RACs may adopt such by-laws or rules of operation
as it deems advisable.
a Members of the Recreation RACs and
subcommittee members serve without compensation. Recreation RAC members, but not subcommittee members, will be
reimbursed travel and per diem expenses for
attendance at Recreation RAC
meetings or subcommittee meetings called by the DFO in consultation with the
Chairperson and with an agenda approved by the DFO.
b
Annual operating costs are estimated as follows based on meeting twice
annually and also includes staff costs at the national, regional, and in some
cases forest level:
(1)
Eastern
Region Recreation RAC–Between $89,000 and $115,000 per year including 1.2 to
1.8 staff years of support per committee;
(2)
Southern
Region Recreation RAC–Between $91,000 and $117,000 per year including 1.2 to
1.8 staff years of support per committee;
(3)
Pacific
Southwest Region Recreation RAC (California)– Between $89,000 including
$115,000 per year including 1.4 to 2 staff years of support per committee;
(4)
Colorado
Recreation RAC–Between $91,000 and $117,000 per year including 0.5 to 1 staff
years of support per committee; and
(5)
Pacific
Northwest Region Recreation RAC (Oregon and Washington)–Between $89,000 and
$115,000 per year including 1.4 to 2 staff
years of support per committee.
c
If costs exceed 5 percent of the estimates given above for any of the
Recreation RACs, the DFO for that Recreation RAC must report the new cost
information in a letter to the Secretary.
a The
Recreation RACs, with the approval of the DFO, shall meet at least once
annually or as often as is determined necessary to deal with the public’s
concerns about the recreation fee program in a timely manner.
b The
meetings of the Recreation RACS may be held in person, by telephone, or
electronic means.
c Meetings
of the Recreation RACS whether in person, by telephone or electronic means
shall be announced at least 1 week in advance in a local newspaper of record
and 15 days in advance in the Federal
Register. The meetings shall be
open to the public with a clear process for the public’s participation.
d
To achieve a quorum, a Recreation RAC must have eight members in
attendance.
e The DFO shall ensure that records of Recreation RAC meetings are
maintained and make the records available for public inspection in accordance
with FACA (5 U.S.C. App. 2).
a The Recreation RACs
report their recommendations to the Secretary of Agriculture or the Secretary
of the Interior, if appropriate, through the appropriate Forest Service
Regional Forester or BLM State Director.
b Support for the Recreation RACs
shall be provided by the Forest Service.
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