U.S.
DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL REGULATION |
NUMBER: 1042-135 |
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SUBJECT: Land Between The Lakes Advisory Board |
DATE: November 24, 2004 |
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OPI: Forest Service |
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(1) Means
of promoting public participation for the land and resource management plan for
LBL, and
(2) Environmental
education.
a This
regulation supersedes DR-1042-135, dated
March 10, 2004.
b The
LBL Protection Act states Section 14(a)(2) of FACA shall not apply to
the Board. Thus, the Board cannot
terminate unless provided for by law.
a The
Board shall consist of 17 voting members, appointed as
follows:
(1) Four
persons appointed by the Secretary of
Agriculture, including:
(a) Two residents of the State of Kentucky
(b) Two residents of the State of Tennessee
(2) Two
persons appointed by the Governor of
Tennessee;
(3) Two
persons appointed by the Governor of Kentucky;
(4) Two
persons appointed by the Commissioner (or
designee) of the Kentucky Department of Fish and Wildlife Resources;
(5) One
person appointed by the Commissioner (or
designee) of the Tennessee Wildlife Resources Agency
(6) Two
persons appointed by the Judge Executive of
Lyon County, Kentucky;
(7) Two
persons appointed by the Judge Executive of
Trigg County, Kentucky; and
(8) Two
persons appointed by the County Executive of
Stewart County, Tennessee
b Members’ terms shall be for 5 years, and
members may not succeed themselves.
(1)
When a 5-year term of a member ends, a new appointment will be made by
the applicable appointing agency, and the new appointee will begin a 5-year
term at the time of their appointment.
(2)
Alternates are not considered members of the Board, thus the succession
rule does not apply. An alternate may
be appointed as a primary member.
(3)
Alternates are officially appointed and therefore they may step up to a
vacancy in a primary membership for their appointing agency and begin a 5-year
term as a primary member.
(4)
Appointments from agencies other than USDA will be final when
notification of the appointment is received by the DFO from the appointing
agency. The Secretary will be notified,
through the Washington Office, of all new appointments to the Board.
(5)
Members may not succeed themselves on the Board. They may be appointed to additional terms so
long as no individual serves more than five consecutive years as a member of
the Board.
(6)
Alternates do not have a term, so there is no limit to the amount of
time they may serve in that capacity.
They do, however, serve at the pleasure of the appointing agency.
c All members of the Board shall be persons
possessing demonstrated professional or personal qualifications relevant to
achieving the mission of LBL.
d The Regional Forester, Southern Region, USDA
Forest Service, or designee, shall serve as Chairperson of the
Board.
e The LBL Area Supervisor, or designee, shall
serve as the Designated Federal Officer (DFO) for the Board. The DFO (or a designated substitute) shall
approve the proposed agenda for each meeting, attend each meeting, ensure
detailed minutes are taken at the meeting, ensure the minutes and other Board
records are available to Board members and the public, ensure adequate
facilities are provided for Board meetings and other needs, and make such
reports about the operation of the Board as may be required or desirable.
f Board members may create and operate
subcommittees recommended by a majority of the committee members and approved
by the Secretary or the DFO.
g Members
shall be considered representatives of LBL user groups or State or local
government. Members shall not use Board
resources for unauthorized purposes. In
addition, the Ethics in Government Act of 1978 and any other conflict of
interest statutes shall apply according to their provisions.
h Members
shall not, except in connection with such representation (or as otherwise
disclosed to the Board), either
(1) Participate
in Board matters affecting a personal interest of the member or the interest of
a person or organization with which the member is closely affiliated, or
(2) Accept
any gift from any person or organization having an interest in matters coming
before the Board.
i The
Secretary, with the cooperation of the public officials appointing Board
members, shall ensure the membership of the Board is balanced and represents
and includes a broad range of diverse views and interests, including
recreational, environmental, commercial, educational, and community leadership
interests.
j Equal
opportunity practices, in line with USDA policies, will be followed in all USDA appointments to the Board. To ensure the recommendations of the Board
have taken into account the needs of the diverse groups served by USDA,
membership should include, to the extent practicable, individuals with
demonstrated ability to represent minorities, women, and persons with
disabilities.
k In
the event a member is unable to attend a meeting of the Land Between The Lakes
Advisory Board, an alternate may represent them providing the alternate is
predesignated in the same manner as the respective member was appointed.
a The Board may advise the Secretary on means
of promoting public participation for the land and resource management plan for
LBL.
b The Board may advise the Secretary on
environmental education at LBL.
c In accordance with the LBL Protection Act and
FACA, the duty of the Board is to provide advice only, and USDA retains sole
responsibility for the management and operation of LBL and for all decisions
regarding matters under consideration by the Board.
a Each member shall serve without compensation
and shall not be considered an employee of USDA.
b Each member shall be entitled to
reimbursement for travel and subsistence expenses incurred in connection with
attendance of Board meetings or otherwise incurred while engaged in performance
of Board duties and approved by USDA.
Such reimbursements shall be subject to, computed, and paid in
accordance with USDA travel regulations and shall be submitted on vouchers
signed by the DFO.
c USDA will provide the Board with appropriate
clerical support as needed. USDA shall
provide such additional funding as reasonably necessary to achieve the purposes
for which the Board was created and shall provide any further guidelines and
management controls as may be necessary to further the objectives of the
Board. The estimated annual operating
costs of the Board are $42,000 and USDA staff time equal to 0.6 full time
equivalent.
a The Board shall meet at least twice annually
at the call of its Chairperson, with concurrence of the DFO.
b Nine voting members shall constitute a
quorum for conduct of business, and any recommendation by the Board to the
Secretary shall require an affirmative vote of at least a majority of the total
Board membership on that date.
c Notice of each meeting shall be provided in
the Federal Register at least 15 calendar days before each meeting. Two weeks’ notice of each meeting shall be
given in local newspapers generally covering the region surrounding LBL.
d The DFO and the Chairperson shall agree on
the proposed agenda for each meeting sufficiently in advance of the meeting so
that the agenda can be included in the Federal Register notice.
e Each meeting shall be open to the
public. Interested members of the
public may attend meetings and submit comments to the Board and, if permitted
by the Chairperson and in accordance with Board procedures, may speak at a
meeting.
f Meetings may be adjourned by the
Chairperson upon approval by a majority.
Meetings may also be adjourned by the DFO.
a USDA shall provide the Board with sufficient
facilities in which to conduct its meetings and to provide a repository for its
minutes and other records.
b The Board reports to the Secretary of
Agriculture through the Regional Forester for the Southern Region (Region 8),
the Chief of USDA Forest Service, and the under Secretary for Natural Resources
and Environment.
c Financial, administrative, and technical
support for the Board will be provided by the Forest Service.
END