§ 7125. Resource advisory committees

Footnotes

1. 1 So in original. The comma probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   Secure Rural Schools and Community Self-Determination Act of 2000

   Pub. L. 106–393 title II § 205 · 114 Stat. 1607

   Enacted · 16 U.S.C. § 7125

   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

   Source evidence

   Code source credit
   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

   Enacted provision · exact public law section
   SEC. 205. RESOURCE ADVISORY COMMITTEES. (a) Establishment and Purpose of Resource Advisory 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 committee shall be to improve collaborative relationships and to provide advice and recommendations to the land management agencies consistent with the purposes of this Act. (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, establish resource advisory committees for part of, or one or more, units of Federal lands. (4) Existing advisory committees.— Existing advisory committees meeting the requirements of this section may be deemed by the Secretary concerned, as a resource advisory committee for the purposes of this title. 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 title. (b) Duties.— A resource advisory committee shall— (1) review projects proposed under this title by participating counties and other persons; (2) propose projects and funding to the Secretary concerned under section 203; (3) provide early and continuous coordination with appropriate land management agency officials in recommending projects consistent with purposes of this Act under this title; and (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 title. (c) Appointment by the Secretary.— (1) Appointment and term.— The Secretary concerned, shall appoint the members of resource advisory committees for a term of 3 years beginning on the date of appointment. The Secretary concerned may reappoint members to subsequent 3-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— The Secretary concerned shall make initial appointments to the resource advisory committees not later than 180 days after the date of the enactment of this Act. (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. (d) Composition of Advisory Committee.— (1) Number.— Each resource advisory committee shall be comprised of 15 members. (2) Community interests represented.— Committee members shall be representative of the interests of the following three categories: (A) five persons who— (i) represent organized labor; (ii) represent developed outdoor recreation, off highway vehicle users, or commercial recreation activities; (iii) represent energy and mineral development interests; (iv) represent the commercial timber industry; or (v) hold Federal grazing permits, or other land use permits within the area for which the committee is organized. (B) five persons representing— (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. (C) five persons who— (i) hold State elected office or their 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 three 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 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. (e) Approval Procedures.— (1) Subject to paragraph (2), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this title. A quorum must be present to constitute an official meeting of the committee. (2) A project may be proposed by a resource advisory committee to the Secretary concerned under section 203(a), if it has been approved by a majority of members of the committee from each of the three categories in subsection (d)(2). (f) Other Committee Authorities and Requirements.— (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 one 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.

2. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 div. F title I § 100101(a)(7) · 126 Stat. 405

   Substituted · 16 U.S.C. § 7125(a)(4)(A); 16 U.S.C. § 7125(a)(4)(B)

   Pub. L. 112–141 substituted “2011” for “2006” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A), (B). Pub. L. 112–141 substituted “2011” for “2006” wherever appearing.

   Enacted provision · exact public law section
   (7) in section 205(a)(4), by striking “2006” each place it appears and inserting “2011”;

3. 2013

   Helium Stewardship Act of 2013

   Pub. L. 113–40 § 10(a)(2)(C) · 127 Stat. 534

   Substituted · 16 U.S.C. § 7125(a)(4)(A); 16 U.S.C. § 7125(a)(4)(B)

   Pub. L. 113–40 substituted “2012” for “2011” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A), (B). Pub. L. 113–40 substituted “2012” for “2011” wherever appearing.

   Enacted provision · exact public law section
   (C) in section 205(a)(4) (16 U.S.C. 7125(a)(4)), by striking “2011” each place it appears and inserting “2012”;

4. 2018

   Energy and Water Development and Related Agencies Appropriations Act, 2018

   Pub. L. 115–141 div. O title IV § 401(b)(2) · 132 Stat. 348

   Substituted · 16 U.S.C. § 7125(a)(4)(A); 16 U.S.C. § 7125(a)(4)(B)

   Pub. L. 115–141 substituted “2018” for “2012” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A), (B). Pub. L. 115–141 substituted “2018” for “2012” wherever appearing.

   Enacted provision · exact public law section
   Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8702(1)(A) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 7125(d)(1)

   Pub. L. 115–334, § 8702(1)(A), substituted “Except as provided in paragraph (6), each” for “Each”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 115–334, § 8702(1)(A), substituted “Except as provided in paragraph (6), each” for “Each”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “Each” and inserting “Except as provided in paragraph (6), each”;

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8702(1)(B) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 7125(d)(2)

   Pub. L. 115–334, § 8702(1)(B), substituted “Except as provided in paragraph (6), committee” for “Committee” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 115–334, § 8702(1)(B), substituted “Except as provided in paragraph (6), committee” for “Committee” in introductory provisions.

   Enacted provision · exact public law section
   (B) in paragraph (2), in the matter preceding subparagraph (A), by striking “Committee” and inserting “Except as provided in paragraph (6), committee”; and

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8702(1)(C) · 132 Stat. 4490

   Added · 16 U.S.C. § 7125(d)(6)

   Pub. L. 115–334, § 8702(1)(C), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (d)(6). Pub. L. 115–334, § 8702(1)(C), added par. (6).

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(6) Committee composition waiver authority.— “(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 requirements.— 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— “(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.” ; and

8. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8702(2) · 132 Stat. 4490

   Added · 16 U.S.C. § 7125(g)

   Pub. L. 115–334, § 8702(2), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 115–334, § 8702(2), added subsec. (g).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(g) Regional Appointment Pilot Program.— “(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. “(3) Geographic limitation.— The pilot program shall only apply to resource advisory committees chartered in— “(A) the State of Montana; and “(B) the State of Arizona. “(4) Responsibilities of applicable designee.— “(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 the date of enactment of this subsection, including any requirement for advertising a vacancy. “(5) Termination of effectiveness.— The authority provided under this subsection terminates on October 1, 2023. “(6) Report to congress.— 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.” .

9. 2019

   Department of Education Appropriations Act, 2020

   Pub. L. 116–94 div. I title III § 301(b)(1) · 133 Stat. 2534

   Substituted · 16 U.S.C. § 7125(a)(4)(A); 16 U.S.C. § 7125(a)(4)(B)

   Pub. L. 116–94 substituted “December 20, 2021” for “September 29, 2018” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A), (B). Pub. L. 116–94 substituted “December 20, 2021” for “September 29, 2018” wherever appearing.

   Enacted provision · exact public law section
   Sec. 301. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

10. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 41202(d)(1) · 135 Stat. 429

    Substituted · 16 U.S.C. § 7125(a)(4)(A); 16 U.S.C. § 7125(a)(4)(B)

    Pub. L. 117–58, § 41202(d)(1), substituted “December 20, 2023” for “December 20, 2021” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A), (B). Pub. L. 117–58, § 41202(d)(1), substituted “December 20, 2023” for “December 20, 2021” wherever appearing.

    Enacted provision · exact public law section
    (1) Existing advisory committees.— Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking “December 20, 2021” each place it appears and inserting “December 20, 2023”.

11. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 41202(c) · 135 Stat. 429

    1. Added · 16 U.S.C. § 7125(g)

       Pub. L. 117–58, § 41202(c), added subsec. (g)

    2. Struck · 16 U.S.C. § 7125(g)

       Pub. L. 117–58, § 41202(c), struck out former subsec. (g) which related to the regional appointment pilot program

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (c) Pilot Program To Streamline Nomination of Members of Resource Advisory Committees.— Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by striking subsection (g) and inserting the following: “(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 advisory committees. “(3) Regional pilot program.— “(A) In general.— The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees. “(B) Geographic limitation.— The regional pilot program shall only apply to resource advisory committees chartered in— “(i) Montana. the State of Montana; and “(ii) Arizona. the State of Arizona. “(C) Responsibilities of applicable designee.— “(i) Review.— Before appointing a member of a resource advisory committee under the regional 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 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 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. “(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 Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations 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 concerned shall— “(i) appoint the nominee to the applicable resource advisory committee; or “(ii) reject the nomination. “(C) Automatic appointment.— If the Secretary concerned does not act on a nomination in accordance with subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed 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) Montana. the State of Montana; or “(ii) Arizona. the State of Arizona. “(E) Savings clause.— Nothing in this paragraph relieves the Secretary concerned from any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy. “(5) Termination of effectiveness.— The authority provided under this subsection 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 paragraph (3)(C)(i) differ; and “(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot programs.” .

12 of 12 references resolved to an enrolled provision