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DEPARTMENTAL REGULATION |
Number: 1042-138 |
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SUBJECT: Collaborative
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DATE: September 4, 2007 |
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OPI: |
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2. SPECIAL INSTRUCTIONS
a. This
regulation will expire 2 years from the date of filing unless renewed by proper
authority and appropriate action.
b. The
functions of the Panel cannot be accomplished in less that 2 years. In accordance with Departmental regulations,
unless renewed, the Panel will terminate 2 years from the date of filing the
charter.
c. This department
regulation replaces DR 1042-138, dated July 25, 2005.
a. The
Panel will consist of 12 to 15 members approved by the Regional Forester as
follows:
(1) A State natural resources official from
the State of
(2) At least two representatives from Federal
land management agencies;
(3) At least one
tribal or pueblo representative;
(4) At
least two independent scientists with experience in forest ecosystem
restoration; and
(5) Equal
representation from—
(a) Conservation
interests,
(b) Local
communities, and
(c) Commodity
interests.
b. Each
Panel member shall serve as a representative of one of the interest groups
described in section 606 (b) of the Act. Appointment to the Panel does not make
Panel members Federal government employees.
c. A
vacancy on the Panel will be filled in the manner in which the original appointment
was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for which his/her
predecessor was appointed shall be appointed for the remainder of such term. A replacement shall fill the vacancy as soon
as practicable after the vacancy occurs.
d. Members
of the Panel shall be appointed for terms of 2 years, but may be reappointed.
e. The
Regional Forester, in selecting Panel members, shall seek to ensure the
membership of the Panel is balanced and represents and includes a broad range
of diverse views and interests.
f. The
Regional Forester shall appoint a Designated Federal Official (DFO) under
sections 10 (e) and (f) of the Federal Advisory Committee Act who may also
serve as Chair of the Panel. The DFO (or
a designated substitute) shall approve the proposed agenda for each meeting,
attend each meeting, ensure that adequate facilities are provided for meetings,
ensure detailed minutes are taken at the meeting, ensure the minutes and other
Panel records are provided for meetings and other needs, and make such reports
about the operation of the Panel as may be required or desirable.
g. The Panel may create and operate subcommittees or working
groups recommended by its members and approved by the Regional Forester or
Designated Federal Officer. If
appropriate, these working groups or subcommittees may include representatives
of nongovernmental organizations that have an interest in the implementation of
the Act.
h. Equal
opportunity practices, in line with USDA policies, will be followed in all
appointments to the Panel. To ensure
that the recommendations of the Panel have taken into account the needs of the
diverse groups served by the Department, membership should include, to the
extent practicable, individuals with demonstrated ability to represent
minorities, women, and persons with disabilities.
4. DUTIES
a. The
Panel shall provide recommendations to the Regional Forester on a schedule to
be established by the Chair of the Panel.
b. The
Panel’s recommendations shall consider the proposed projects’ effects on
long-term management and provide recommendations regarding which proposals best
meet the following objectives pursuant to section 605 of the Act:
(1) Reduce
the threat of large, high-intensity wildfires and the negative effects of
excessive competition between trees by restoring ecosystem functions,
structures, and species composition, including the reduction of nonnative
species populations;
(2) Reestablish
fire regimes approximating those that shaped forest ecosystems prior to fire
suppression;
(3) Preserve
old and large trees;
(4) Replant
trees in deforested areas if they exist in the proposed project area;
(5) Improve the use of, or add value to, small diameter trees;
(6) Comply with all Federal and State environmental laws;
(7) Include a diverse and balanced group of stakeholders as well as
appropriate Federal, State, tribal, county, and municipal government
representatives in the design, implementation, and monitoring of the project;
(8) Incorporate current scientific forest restoration information;
(9) Include a multiparty assessment to identify both the existing
ecological condition of the proposed project area and the desired future
condition;
(10) Contain a plan for reporting, upon project completion, on the positive
or negative impact and effectiveness of the project including
improvements in local management skills and on-the-ground results;
(11) Create local employment or training opportunities within the context
of accomplishing restoration objectives including summer youth jobs programs
such as the Youth Conservation Corps where appropriate;
(12) Not exceed 4 years in length;
(13) Not exceed a total annual cost of $150,000 per project, with the
Federal portion not exceeding $120,000 annually per project nor exceed a total
cost of $450,000 for each project, with the Federal portion of the total cost
not exceeding $360,000 per project;
(14) Leverage Federal funding through in-kind or matching contributions;
and
(15) Include an agreement by program grantees to attend an annual
workshop with other stakeholders for the purpose of discussing the cooperative
forest restoration program and projects implemented under the program.
c. In developing their recommendations, the Panel shall seek to use a
consensus-based decision-making process.
d. Consistent with applicable laws and Departmental regulations, the Panel
may adopt such by-laws or rules of operation, as it deems advisable.
e. The Forest Service Southwestern Regional Forester shall select the
proposals that will receive funding through the Collaborative Forest
Restoration Program.
a.
Members of the Panel serve without compensation. Reimbursement for travel
expenses will be made in accordance with Federal per diem rates for attendance
at meetings. All expenses will be
subject to approval of the DFO.
b.
Estimated annual operating costs of the Committee are $80,000. Federal staff support is estimated to be 0.7
FTE. Advisory Panel Expenses will be
covered through the Collaborative Forest Restoration Program.
a. The Panel will meet as often as is necessary to complete its
business. A majority of the Panel members must be present to constitute an
official meeting of the Panel. The Panel shall not hold any meetings except at
the call of, or with the advance approval of, the DFO.
b. Notice of each meeting shall be provided in the Federal Register
and in major
c. All meetings will
be open to the public.
a. The
Panel reports to the Regional Forester of the Southwestern Region, USDA Forest
Service.
b. Clerical
and other administrative support for the Panel will be provided by the USDA
Forest Service.
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