16 U.S.C. § 7125 — Resource advisory committees

Page 2681 TITLE 16—CONSERVATION § 7125 1 So in original. The comma probably should not appear. to reject a proposed project shall not be sub- ject to administrative appeal or judicial re- view. (C) Notice of rejection Not later than 30 days after the date on which the Secretary concerned makes the rejection decision, the Secretary concerned shall notify in writing the resource advisory committee that submitted the proposed project of the rejection and the reasons for rejection. (2) Notice of project approval The Secretary concerned shall publish in the Federal Register notice of each project ap- proved under subsection (a) if the notice would be required had the project originated with the Secretary. (d) Source and conduct of project Once the Secretary concerned accepts a project for review under section 7123 of this title, the acceptance shall be deemed a Federal action for all purposes. (e) Implementation of approved projects (1) Cooperation Notwithstanding chapter 63 of title 31, using project funds the Secretary concerned may enter into contracts, grants, and cooperative agreements with States and local govern- ments, private and nonprofit entities, and landowners and other persons to assist the Secretary in carrying out an approved project. (2) Best value contracting (A) In general For any project involving a contract au- thorized by paragraph (1) the Secretary con- cerned may elect a source for performance of the contract on a best value basis. (B) Factors The Secretary concerned shall determine best value based on such factors as— (i) the technical demands and com- plexity of the work to be done; (ii)(I) the ecological objectives of the project; and (II) the sensitivity of the resources being treated; (iii) the past experience by the con- tractor with the type of work being done, using the type of equipment proposed for the project, and meeting or exceeding de- sired ecological conditions; and (iv) the commitment of the contractor to hiring highly qualified workers and local residents. (f) Requirements for project funds The Secretary shall ensure that at least 50 percent of all project funds be used for projects that are primarily dedicated— (1) to road maintenance, decommissioning, or obliteration; or (2) to restoration of streams and watersheds. (Pub. L. 106–393, title II, § 204, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3902; amended Pub. L. 112–141, div. F, title I, § 100101(a)(6), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(2)(B), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(2), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(1), Mar. 23, 2018, 132 Stat. 1079.) Editorial Notes PRIOR PROVISIONS A prior section 204 of Pub. L. 106–393 was set out in a note under section 500 of this title prior to repeal by Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3893. AMENDMENTS 2018—Subsec. (e)(3). Pub. L. 115–141 struck out par. (3) which established a pilot program to implement projects involving the sale of merchantable timber. 2015—Subsec. (e)(3)(B)(iii). Pub. L. 114–10 substituted ‘‘fiscal year 2010 and fiscal years thereafter’’ for ‘‘each of fiscal years 2010 through 2013’’. 2013—Subsec. (e)(3)(B)(iii). Pub. L. 113–40 substituted ‘‘2013’’ for ‘‘2012’’. 2012—Subsec. (e)(3)(B)(iii). Pub. L. 112–141 substituted ‘‘through 2012’’ for ‘‘and 2011’’. § 7125. Resource advisory committees (a) Establishment and purpose of resource advi- sory committees (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). (2) Purpose The purpose of a resource advisory com- mittee shall be— (A) to improve collaborative relationships; and (B) to provide advice and recommenda- tions to the land management agencies con- sistent 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 participa- tion on a committee to ensure that member- ship can be balanced in terms of the points of view represented and the functions to be per- formed, the Secretary concerned may,1 estab- lish resource advisory committees for part of, or 1 or more, units of Federal land. (4) Existing advisory committees (A) In general An advisory committee that meets the re- quirements of this section, a resource advi- sory committee established before December 20, 2023, or an advisory committee deter- mined by the Secretary concerned before De- cember 20, 2023, to meet the requirements of this section may be deemed by the Secretary concerned to be a resource advisory com- mittee for the purposes of this subchapter. (B) Charter A charter for a committee described in subparagraph (A) that was filed on or before December 20, 2023, shall be considered to be filed for purposes of this chapter. Page 2682 TITLE 16—CONSERVATION § 7125 2 So in original. Probably should be preceded by ‘‘the’’. (C) Bureau of land management advisory committees The Secretary of the Interior may deem a resource advisory committee meeting the re- quirements of subpart 1784 of part 1780 of title 43, Code of Federal Regulations, as a re- source advisory committee for the purposes of this subchapter. (b) Duties A resource advisory committee shall— (1) review projects proposed under this sub- chapter by participating counties and other persons; (2) propose projects and funding to the Sec- retary concerned under section 7123 of this title; (3) provide early and continuous coordina- tion with appropriate land management agen- cy officials in recommending projects con- sistent with purposes of this chapter under this subchapter; (4) provide frequent opportunities for citi- zens, organizations, tribes, land management agencies, and other interested parties to par- ticipate openly and meaningfully, beginning at the early stages of the project development process under this subchapter; (5)(A) monitor projects that have been ap- proved 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 ad- justments to the projects being monitored by the resource advisory committee. (c) Appointment by the Secretary (1) Appointment and term (A) In general The Secretary concerned,1 shall appoint the members of resource advisory commit- tees 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 ap- pointments to the resource advisory commit- tees. (4) Vacancies The Secretary concerned shall make ap- pointments to fill vacancies on any resource advisory committee as soon as practicable after the vacancy has occurred. (5) Compensation Members of the resource advisory commit- tees shall not receive any compensation. (d) Composition of advisory committee (1) Number Except as provided in paragraph (6), each re- source advisory committee shall be comprised of 15 members. (2) Community interests represented Except as provided in paragraph (6), com- mittee members shall be representative of the interests of the following 3 categories: (A) 5 persons that— (i) represent organized labor or non-tim- ber forest product harvester groups; (ii) represent developed outdoor recre- ation, off highway vehicle users, or com- mercial recreation activities; (iii) represent— (I) energy and mineral development in- terests; or (II) commercial or recreational fishing interests; (iv) represent the commercial timber in- dustry; 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 envi- ronmental organizations; (iii) dispersed recreational activities; (iv) archaeological and historical inter- ests; or (v) nationally or regionally recognized wild horse and burro interest groups, wild- life or hunting organizations, or watershed associations. (C) 5 persons that— (i) hold State elected office (or a des- ignee); (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 com- mittee shall reside within the State in which the committee has jurisdiction and, to extent 2 practicable, the Secretary concerned shall en- sure local representation in each category in paragraph (2). (5) Chairperson A majority on each resource advisory com- mittee shall select the chairperson of the com- mittee. (6) Committee composition waiver authority (A) Notice On notice from the applicable regional for- ester that an adequate number of qualified candidates are not interested or available to serve on a resource advisory committee, the Page 2683 TITLE 16—CONSERVATION § 7125 Secretary concerned shall publish a notice in the Federal Register seeking candidates for the resource advisory committee. (B) Modification of membership require- ments If, by the date that is 30 days after the date of publication of notice under subpara- graph (A), an inadequate number of qualified candidates have applied to serve on a re- source 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 para- graph (2) to 3 in each category described in that paragraph, except that where a va- cancy exists on a resource advisory com- mittee, the Secretary concerned may not reject a qualified applicant from any cat- egory. (C) Termination of authority The authority provided under this para- graph terminates on October 1, 2023. (e) Approval procedures (1) In general Subject to paragraph (3), each resource advi- sory 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 ad- visory 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). (f) Other committee authorities and require- ments (1) Staff assistance A resource advisory committee may submit to the Secretary concerned a request for peri- odic staff assistance from Federal employees under the jurisdiction of the Secretary. (2) Meetings All meetings of a resource advisory com- mittee 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 main- tain records of the meetings of the committee and make the records available for public in- spection. (g) Resource advisory committee appointment pilot programs (1) Definitions In this subsection: (A) Applicable designee The term ‘‘applicable designee’’ means the applicable regional forester. (B) National pilot program The term ‘‘national pilot program’’ means the national pilot program established under paragraph (4)(A). (C) Regional pilot program The term ‘‘regional pilot program’’ means the regional pilot program established under paragraph (3)(A). (2) Establishment of pilot programs In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource ad- visory committees. (3) Regional pilot program (A) In general The Secretary concerned shall carry out a regional pilot program to allow an applica- ble designee to appoint members of resource advisory committees. (B) Geographic limitation The regional pilot program shall only apply to resource advisory committees char- tered in— (i) the State of Montana; and (ii) the State of Arizona. (C) Responsibilities of applicable designee (i) Review Before appointing a member of a re- source advisory committee under the re- gional pilot program, an applicable des- ignee shall conduct the review and anal- ysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements. (ii) Savings clause Nothing in this paragraph relieves an ap- plicable designee from any requirement de- veloped by the Secretary concerned for making an appointment to a resource ad- visory committee that is in effect on De- cember 20, 2018, including any requirement for advertising a vacancy. (4) National pilot program (A) In general The Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bu- reau of Land Management, as applicable, to submit to the Secretary concerned nomina- tions of individuals for appointment as members of resource advisory committees. (B) Appointment Under the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary con- cerned shall— (i) appoint the nominee to the applicable resource advisory committee; or (ii) reject the nomination. Page 2684 TITLE 16—CONSERVATION § 7126 (C) Automatic appointment If the Secretary concerned does not act on a nomination in accordance with subpara- graph (B) by the date described in that sub- paragraph, the nominee shall be deemed ap- pointed to the applicable resource advisory committee. (D) Geographic limitation The national pilot program shall apply to a resource advisory committee chartered in any State other than— (i) the State of Montana; or (ii) the State of Arizona. (E) Savings clause Nothing in this paragraph relieves the Sec- retary concerned from any requirement re- lating to an appointment to a resource advi- sory committee, including any requirement with respect to civil rights or advertising a vacancy. (5) Termination of effectiveness The authority provided under this sub- section terminates on October 1, 2023. (6) Report to Congress Not later 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 regional pilot program compared to appointments made under the national pilot program, a description of the extent to which— (i) appointments were faster or slower; and (ii) the requirements described in para- graph (3)(C)(i) differ; and (B) a recommendation with respect to whether Congress should terminate, con- tinue, modify, or expand the pilot programs. (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; Pub. L. 116–94, div. I, title III, § 301(b)(1), Dec. 20, 2019, 133 Stat. 3021; Pub. L. 117–58, div. D, title XII, § 41202(c), (d)(1), Nov. 15, 2021, 135 Stat. 1132, 1134.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(4)(B) and (b)(3), was in the original ‘‘this Act’’, meaning Pub. L. 106–393, Oct. 30, 2000, 114 Stat. 1607, known as the Secure Rural Schools and Community Self-Determination Act of 2000, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. CODIFICATION October 3, 2008, referred to in subsec. (c)(3), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 110–343, which enacted this section, to reflect the prob- able intent of Congress. PRIOR PROVISIONS A prior section 205 of Pub. L. 106–393 was set out in a note under section 500 of this title prior to repeal by Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3893. AMENDMENTS 2021—Subsec. (a)(4)(A), (B). Pub. L. 117–58, § 41202(d)(1), substituted ‘‘December 20, 2023’’ for ‘‘December 20, 2021’’ wherever appearing. Subsec. (g). Pub. L. 117–58, § 41202(c), added subsec. (g) and struck out former subsec. (g) which related to the regional appointment pilot program. 2019—Subsec. (a)(4)(A), (B). Pub. L. 116–94 substituted ‘‘December 20, 2021’’ for ‘‘September 29, 2018’’ wherever appearing. 2018—Subsec. (a)(4)(A), (B). Pub. L. 115–141 substituted ‘‘2018’’ for ‘‘2012’’ wherever appearing. Subsec. (d)(1). Pub. L. 115–334, § 8702(1)(A), substituted ‘‘Except as provided in paragraph (6), each’’ for ‘‘Each’’. Subsec. (d)(2). Pub. L. 115–334, § 8702(1)(B), substituted ‘‘Except as provided in paragraph (6), committee’’ for ‘‘Committee’’ in introductory provisions. Subsec. (d)(6). Pub. L. 115–334, § 8702(1)(C), added par. (6). Subsec. (g). Pub. L. 115–334, § 8702(2), added subsec. (g). 2013—Subsec. (a)(4)(A), (B). Pub. L. 113–40 substituted ‘‘2012’’ for ‘‘2011’’ wherever appearing. 2012—Subsec. (a)(4)(A), (B). Pub. L. 112–141 substituted ‘‘2011’’ for ‘‘2006’’ wherever appearing. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 7126. Use of project funds (a) Agreement regarding schedule and cost of project (1) Agreement between parties The Secretary concerned may carry out a project submitted by a resource advisory com- mittee under section 7123(a) of this title using project funds or other funds described in sec- tion 7123(a)(2) of this title, if, as soon as prac- ticable after the issuance of a decision docu- ment for the project and the exhaustion of all administrative appeals and judicial review of the project decision, the Secretary concerned and the resource advisory committee enter into an agreement addressing, at a minimum, the following: (A) The schedule for completing the project. (B) The total cost of the project, including the level of agency overhead to be assessed against the project. (C) For a multiyear project, the estimated cost of the project for each of the fiscal years in which it will be carried out. (D) The remedies for failure of the Sec- retary concerned to comply with the terms of the agreement consistent with current Federal law. (2) Limited use of Federal funds The Secretary concerned may decide, at the sole discretion of the Secretary concerned, to cover the costs of a portion of an approved