U.S. DEPARTMENT OF
AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL REGULATION |
NUMBER: 1042-143 |
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SUBJECT: Advisory Committee on Forest
Counties Payments |
DATE: March 5, 2007 |
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OPI: Forest Service |
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a This regulation reestablishes the Advisory Committee on Forest Counties Payments, which will henceforth be referred to by the term
“Advisory Committee,” in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Department of the Interior and
Related Agencies Appropriations
Act (Pub. L. No. 106-291) (the Act), and an Act to Extend the Term of Forest
Counties Payments Committee (Pub. L. No. 108-319). The purpose of the Advisory Committee is to develop
recommendations for policy or legislative initiatives (or both), regarding alternatives
for, or substitutes to, the payments required to be made to eligible States and
eligible counties under the provisions of law referred to in sections 320(a)(3)
and (4) (Public Law No. 106-291). The recommendations are to be made consistent
with sustainable forestry, the practice of meeting the forest resource needs
and values of the present without compromising the similar capability of future
generations.
(1) Evaluate the method by which payments are made to eligible States and eligible counties under provisions of law
referred to in sections 320(a)(3) and (4) and related laws, such as the Secure Rural Schools and Community Self-
Determination Act (Pub. L. No. 106-393) (Secure Rural Schools Act);
(2) Consider the impact on eligible States and eligible counties of revenues derived from the historic multiple use of the Federal
lands;
(3) Evaluate the economic, environmental, and social benefits that accrue to counties containing Federal lands, including
recreation, natural resources industries, and the value of environmental services that result from Federal lands; and
c The Advisory Committee shall monitor the payments made to eligible States and eligible counties under the provisions of law
referred to in sections 320(a) (3) and (4) and related laws such as the Secure Rural Schools Act.
a
This Advisory Committee shall terminate terminate on September 30, 2007,
in accordance with Public Law No. 108-319, unless the Advisory
Committee’s term is extended beyond
that date by legislation.
b This regulation will expire 2 years after
the date of filing if the Advisory Committee’s term of service is legislatively
extended for 2 years beyond
the
date of filing. This regulation supersedes DR 1042-143, dated January 4, 2004.
a
This Advisory Committee shall consist of the following seven members as
directed by the Act:
(1) The
Chief of the Forest Service or a designee of the Chief who has significant
expertise in sustainable forestry;
(2) The Director of the Bureau of Land
Management or a designee of the Director who has significant expertise in
sustainable forestry;
(3) The
Director of the Office of Management and Budget or the Director's designee;
(4) Two
members who are elected members of the governing branches of eligible counties, who will
serve as special government employees (SGE): one such member to be
appointed by the President pro tempore of the Senate (in consultation with the
chairmen and ranking members of the committees of jurisdiction of the Senate)
and one such member to be appointed by
the Speaker of the House of Representatives (in consultation with the chairmen
and ranking members of the committees of jurisdiction of the House of
Representatives); and
(5) Two
members who are elected members of school boards for, superintendents from, or
teachers employed by, school districts in eligible counties who will serve as SGEs: one
such member to be appointed by the President pro tempore of the Senate (in
consultation with the chairmen and ranking members of the committees of
jurisdiction of the Senate) and one such member to be appointed by the Speaker
of the House of Representatives (in consultation with the chairmen and ranking
members of the committees of jurisdiction of the House of
Representatives).
b The Committee shall elect a Chairperson from
among its members.
c Membership under sections 3(a)(4) and
3(a)(5), to the greatest extent possible, shall be selected from geographically
diverse locations.
d The Advisory Committee shall have an
Executive Director, who shall be appointed by the Advisory Committee and serve
at the pleasure of the Advisory Committee.
e The Advisory Committee shall have the
authority to appoint other personnel subject to the provision of title 5,
United States Code, governing appointments to the competitive service, and to
pay such personnel in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification and
General Schedule pay rates.
f The Advisory Committee shall have the
authority to enter into contracts with private or public organizations which
may furnish the Advisory Committee with such administrative and technical
personnel as may be necessary to carry out the functions of the Advisory
Committee under this section.
g The Committee may create and operate subcommittees
recommended by a majority of the committee members and approved by the
Secretary or the DFO.
h Equal opportunity practices, in line with
USDA policies, shall be followed in all membership appointments to the Advisory
Committee to the extent provided for in the legislation. 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.
i Any vacancy in the membership of the
Advisory Committee shall be filled in the same manner as required by paragraph
3(a). A vacancy shall not impair the
authority of the remaining members to perform the functions of the Advisory
Committee under this section.
a The members of the Advisory Committee who are not officers or employees of the United States, while attending meetings or
other events held by the Advisory Committee or at which the members serve as representatives of the Advisory Committee or
while otherwise serving at the request of the Chairperson of the Advisory Committee, shall each be entitled to receive
compensation at a rate not in excess of the maximum rate of pay for grade GS-15, as provided in the General Schedule, including
travel time, and while away from their homes or regular places of business, shall each be reimbursed for travel expenses, including
per diem in lieu of subsistence as authorized by section 5703 of title 5, United States Code, for persons in Government service
employed intermittently.
b The executive director shall be paid at a rate not in excess of the maximum rate of pay for grade GS-15, as provided in the General
Schedule.
c The estimated cost of operating the Advisory Committee is $300,000 annually for the term of this regulation. Federal staff
support is estimated to be 2.5 FTE.
6 NUMBER AND FREQUENCY OF MEETINGS
The Board will meet as often as is necessary to complete its work.
7 REPORTS AND SUPPORT
a The Advisory Committee shall submit a final report to Congress containing the recommendations developed under section 4(a) and
semiannual progress reports on its activities and expenditures to Congress until the final report has been submitted.
b To the extent practicable, staff support for the Advisory Committee shall be provided by the Forest Service and the Bureau of Land Management.
The Forest Service shall provide
funds necessary for the work of the Advisory Committee.
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