1.2 Policy. Except as provided by statute, regulation, or other Departmental directive, the authority to establish, appoint members, utilize, or abolish advisory committees is reserved and exercised by the Secretary. The following policies apply:

A. The function of an advisory committee shall be solely that of giving advice unless otherwise provided by law.

B. Decisions based completely or in part on such advice shall be made only by officials of the Department or other employees of the Federal Government.

C. Advisory committees will not be used to administer or conduct a function which is the assigned responsibility of an organizational entity of the Department.

D. Any committee or subcommittee or subgroup of any committee that is used to advise any Departmental official, even though it has not been established for that purpose, is subject to the requirements of this chapter.

1.3 Criteria for Establishment. The following criteria apply when considering the establishment or use of an advisory committee:

A. There must be a determination that the functions cannot be performed by existing organizations or individuals within the Federal Government, by an existing advisory committee, or by enlarging the mission of an existing advisory committee.

B. The procedures for the creation of advisory committees and the provisions required for their establishment and utilization should not be used for the employment of consultants, a panel of consultants, or combined employee-consultant work groups to make specific surveys or studies. However, it is recognized that in the course of developing advice or recommendations, an advisory committee may find it useful to conduct a survey or study.

C. The proposal to establish a non-statutory advisory committee may be initiated by any Secretarial official or by any bureau or office which has an interest in the creation of such a committee, and should be prepared for the approval of the Secretary.

1.4 Criteria for Utilization of Existing Committees. Any committee that is used to advise any Departmental official, even though it has not been established for that purpose, is subject to the requirements of this chapter.

A. A proposal to utilize an advisory committee not established by the Department, will follow the criteria as specified in 107 FW 1.3. In addition, a statement is required by an authorized official of the committee, or the organization which established the committee to be utilized, identifying the need and purpose of the committee's services. The statement must include a certification that the committee will operate in accordance with existing statutes, regulations, and directives for Federal advisory committees to the extent that the committee is engaged in providing advice to a Government official.

B. Officials proposing to utilize a committee for advisory purposes should assure that officials of the affected committees are apprised of all advisory committee management requirements, should the Secretary approve the utilization of the committee.

1.5 Establishment Procedures. Proposals to establish a non-statutory advisory committee will include a memorandum to the Secretary requesting establishment of the committee. The memorandum must include the following information and attachments:

A. A description of the need and purpose of the committee.

B. Alternative actions that were considered and reasons why each alternative was unacceptable.

C. A discussion of the criteria and determinations made as specified in 107 FW 1.3 above.

D. A statement regarding the rationale used to assure that the committee will represent a balanced membership.

E. A statement indicating to the extent possible whether any committee members are to be special Government employees and whether their duties are subject to conflict of interest statutes requiring the filing of a Confidential Statement of Employment and Financial Interests as required by 43 CFR 20.735.

F. Any other information which would be useful for proper consideration.

G. A letter addressed to the Committee Management Desk, General Services Administration, for signature of the Assistant Secretary -Policy, Management and Budget.

H. A proposed Federal Register notice, to be signed by the Secretary, containing a description of the nature and purpose of the committee.

I. A proposed charter for the committee containing the items described in 107 FW 2.

J. Recommendations for the appointment of named individuals to advisory committees may be included in the proposal for establishment. Nominations for appointment to the committee should be accompanied with biographical information. However, inquiry to prospective appointees regarding their availability may be made only with the approval of the Secretary.

K. A certification for signature of the Secretary that the committee is to be established in the public interest in connection with the performance of duties imposed on the Department of the Interior, and citing the statutory authority.

L. Proposals for advisory committee establishment are forwarded to the Service Committee Management Officer, Division of Policy and Directives Management. The Committee Management Officer is responsible for the coordination of all management review actions necessary for the establishment of advisory committees, including consultation with the Office of the Se cretary.

1.6 Renewal of Advisory Committees. 

A. Generally an advisory committee established by the Department shall terminate not later than 2 years from the date of its formation unless the Secretary shall determine in writing, prior to the expiration of the 2-year term, that the committee's continued existence is in the public interest.

B. Advisory committee renewals shall be processed as though they were being initially established. The Service Committee Management Officer will provide necessary coordination. Renewal documents should be processed 3 months prior to charter expiration.

1.7 Termination of Advisory Committees. A committee may terminate on the date specified in its charter, or the Secretary may approve a proposal for termination or abolishment at any time. The termination date for any subcommittee or subgroup of an advisory committee shall be the same as that of the parent committee. Proposals should include recommendations for the disposition of committee records. Proposals to terminate committees established by law, Executive Order, or Presidential direction, must be referred to the Office of Management and Budget through the Departmental Committee Management Officer, Assistant Secretary - Policy, Management and Budget. When a committee has been terminated, notification of termination should be sent to all members, as well as letters of appreciation for service rendered (if appropriate).