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§ 7125. Resource advisory committees

16 U.S.C. § 7125 (N/A)
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The purpose of a resource advisory committee shall be—

(1) Establishment The Secretary concerned shall establish and maintain resource advisory committees to perform the duties in subsection (b), except as provided in paragraph (4).

The purpose of a resource advisory committee shall be—

(A) to improve collaborative relationships; and

(B) to provide advice and recommendations to the land management agencies consistent with the purposes of this subchapter.

(3) Access to resource advisory committees To ensure that each unit of Federal land has access to a resource advisory committee, and that there is sufficient interest in participation on a committee to ensure that membership can be balanced in terms of the points of view represented and the functions to be performed, the Secretary concerned may,[1] establish resource advisory committees for part of, or 1 or more, units of Federal land.

An advisory committee that meets the requirements of this section, a resource advisory committee established before September 29, 2018, or an advisory committee determined by the Secretary concerned before September 29, 2018, to meet the requirements of this section may be deemed by the Secretary concerned to be a resource advisory committee for the purposes of this subchapter.

(A) In general An advisory committee that meets the requirements of this section, a resource advisory committee established before September 29, 2018, or an advisory committee determined by the Secretary concerned before September 29, 2018, to meet the requirements of this section may be deemed by the Secretary concerned to be a resource advisory committee for the purposes of this subchapter.

(B) Charter A charter for a committee described in subparagraph (A) that was filed on or before September 29, 2018, shall be considered to be filed for purposes of this chapter.

(C) Bureau of land management advisory committees The Secretary of the Interior may deem a resource advisory committee meeting the requirements of subpart 1784 of part 1780 of title 43, Code of Federal Regulations, as a resource advisory committee for the purposes of this subchapter.

A resource advisory committee shall—

(1) review projects proposed under this subchapter by participating counties and other persons;

(2) propose projects and funding to the Secretary concerned under section 7123 of this title;

(3) provide early and continuous coordination with appropriate land management agency officials in recommending projects consistent with purposes of this chapter under this subchapter;

(4) provide frequent opportunities for citizens, organizations, tribes, land management agencies, and other interested parties to participate openly and meaningfully, beginning at the early stages of the project development process under this subchapter;

monitor projects that have been approved under section 7124 of this title; and

(A) monitor projects that have been approved under section 7124 of this title; and

(B) advise the designated Federal official on the progress of the monitoring efforts under subparagraph (A); and

(6) make recommendations to the Secretary concerned for any appropriate changes or adjustments to the projects being monitored by the resource advisory committee.

The Secretary concerned,1 shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment.

The Secretary concerned,1 shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment.

(A) In general The Secretary concerned,1 shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment.

(B) Reappointment The Secretary concerned may reappoint members to subsequent 4-year terms.

(2) Basic requirements The Secretary concerned shall ensure that each resource advisory committee established meets the requirements of subsection (d).

(3) Initial appointment Not later than 180 days after October 3, 2008, the Secretary concerned shall make initial appointments to the resource advisory committees.

(4) Vacancies The Secretary concerned shall make appointments to fill vacancies on any resource advisory committee as soon as practicable after the vacancy has occurred.

(5) Compensation Members of the resource advisory committees shall not receive any compensation.

Except as provided in paragraph (6), committee members shall be representative of the interests of the following 3 categories:

(1) Number Except as provided in paragraph (6), each resource advisory committee shall be comprised of 15 members.

Except as provided in paragraph (6), committee members shall be representative of the interests of the following 3 categories:

(A) 5 persons that— (i) represent organized labor or non-timber forest product harvester groups; (ii) represent developed outdoor recreation, off highway vehicle users, or commercial recreation activities; (iii) represent— (I) energy and mineral development interests; or (II) commercial or recreational fishing interests; (iv) represent the commercial timber industry; or (v) hold Federal grazing or other land use permits, or represent nonindustrial private forest land owners, within the area for which the committee is organized.

(B) 5 persons that represent— (i) nationally recognized environmental organizations; (ii) regionally or locally recognized environmental organizations; (iii) dispersed recreational activities; (iv) archaeological and historical interests; or (v) nationally or regionally recognized wild horse and burro interest groups, wildlife or hunting organizations, or watershed associations.

(C) 5 persons that— (i) hold State elected office (or a designee); (ii) hold county or local elected office; (iii) represent American Indian tribes within or adjacent to the area for which the committee is organized; (iv) are school officials or teachers; or (v) represent the affected public at large.

(3) Balanced representation In appointing committee members from the 3 categories in paragraph (2), the Secretary concerned shall provide for balanced and broad representation from within each category.

(4) Geographic distribution The members of a resource advisory committee shall reside within the State in which the committee has jurisdiction and, to extent [2] practicable, the Secretary concerned shall ensure local representation in each category in paragraph (2).

(5) Chairperson A majority on each resource advisory committee shall select the chairperson of the committee.

If, by the date that is 30 days after the date of publication of notice under subparagraph (A), an inadequate number of qualified candidates have applied to serve on a resource advisory committee, the Secretary concerned may reduce—

(A) Notice On notice from the applicable regional forester that an adequate number of qualified candidates are not interested or available to serve on a resource advisory committee, the Secretary concerned shall publish a notice in the Federal Register seeking candidates for the resource advisory committee.

(B) Modification of membership requirementsIf, by the date that is 30 days after the date of publication of notice under subparagraph (A), an inadequate number of qualified candidates have applied to serve on a resource advisory committee, the Secretary concerned may reduce— (i) the membership requirement under paragraph (1) to not fewer than 9; and (ii) the membership requirements under subparagraphs (A), (B), and (C) of paragraph (2) to 3 in each category described in that paragraph, except that where a vacancy exists on a resource advisory committee, the Secretary concerned may not reject a qualified applicant from any category.

(C) Termination of authority The authority provided under this paragraph terminates on October 1, 2023.

Subject to paragraph (3), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this subchapter.

(1) In general Subject to paragraph (3), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this subchapter.

(2) Quorum A quorum must be present to constitute an official meeting of the committee.

(3) Approval by majority of members A project may be proposed by a resource advisory committee to the Secretary concerned under section 7123(a) of this title, if the project has been approved by a majority of members of the committee from each of the 3 categories in subsection (d)(2).

A resource advisory committee may submit to the Secretary concerned a request for periodic staff assistance from Federal employees under the jurisdiction of the Secretary.

(1) Staff assistance A resource advisory committee may submit to the Secretary concerned a request for periodic staff assistance from Federal employees under the jurisdiction of the Secretary.

(2) Meetings All meetings of a resource advisory committee shall be announced at least 1 week in advance in a local newspaper of record and shall be open to the public.

(3) Records A resource advisory committee shall maintain records of the meetings of the committee and make the records available for public inspection.

The pilot program shall only apply to resource advisory committees chartered in—

(1) Definition of applicable designee In this subsection, the term “applicable designee” means the applicable regional forester.

(2) Pilot program The Secretary concerned shall carry out a pilot program (referred to in this subsection as the “pilot program”) to allow an applicable designee to appoint members of resource advisory committees.

The pilot program shall only apply to resource advisory committees chartered in—

(A) the State of Montana; and

(B) the State of Arizona.

Before appointing a member of a resource advisory committee under the pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements.

(A) Review Before appointing a member of a resource advisory committee under the pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements.

(B) Savings clause Nothing in this subsection relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on December 20, 2018, including any requirement for advertising a vacancy.

(5) Termination of effectiveness The authority provided under this subsection terminates on October 1, 2023.

Not later than the date that is 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes—

(A) with respect to appointments made under the pilot program compared to appointments to resource advisory committees not made under the pilot program, a description of the extent to which— (i) appointments were faster or slower; and (ii) the requirements described in paragraph (4) differ; and

(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot program.

(Pub. L. 106–393, title II, § 205, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3905; amended Pub. L. 112–141, div. F, title I, § 100101(a)(7), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(2)(C), Oct. 2, 2013, 127 Stat. 545; Pub. L. 115–141, div. O, title IV, § 401(b)(2), Mar. 23, 2018, 132 Stat. 1079; Pub. L. 115–334, title VIII, § 8702, Dec. 20, 2018, 132 Stat. 4875.)