An Executive Comparison OF FACA vs. COLLABORATIVE EFFORTS

1. An Executive ComparisonOFFACA vs.COLLABORATIVE EFFORTS

2. FACA and Collaborative EffortsOverview • Both programs have a similar objective—to obtain input from others to submit advise to the Forest Service and OSEC. The difference? • A committee under FACA is formal, structured, mandated and funded by the establishing law • Collaboration is not Let’s begin by reviewing how both programs involve the general public, non-governmental organizations, representatives from Industry, etc.

3. To Begin…. There are different ways in which the Forest Service engages its public. • Inform • Goal:provide objective information • Tools: • Fact Sheets • Newsletter • Letters • News • Release • Website • Consult • Goal: obtain feedback • Tools: • Surveys • Open house • Public meeting • News release • Website • Involve • Goal: ensure issues are understood& considered • Tools: • Workshops • Partnerships • Public meeting • Collaborate • Goal: partner in each step of the process that leads to a Decision. • Tools: • Consensus bldg • Facilitate resolution • FACA groups • Mediation • Negotiation • Non-FACA team Intent: To provide Information Intent:To seek input & feedback Intent:To convene interests to reach zone of agreement

4. Public Involvement with… Federal Advisory Committee Act (FACA): • FACA applies to advisory committees that are established or utilized by a federal agency • Specific criteria must be met for FACA to apply to a group or committee • Must be a committee, board, panel, group (more than one individual). • The purpose of the committee must be to provide advice or recommendations. .

5. Public Involvement with… Collaborative Efforts: • A process where people with diverse interests share knowledge and resources to improve outcomes and/or enhance decisions. • Effective collaboration incorporates, meetings that are open to diverse groups • Collaboration often provides the ground through which more formal partnerships emerge.

6. FACA-Legal Framework • FACA-Public Law 92-463, 1973. Establishes framework to create, manage, operate, and terminate committees. Establishes the Committee Management Secretariat position. • Government in the Sunshine Act- Public Law 94-409, 1977. Serves as the basis to close all or part of the advisory committee meeting. • Unfunded Mandates Reforms Act-Public Law 104-4, 1995. Provides an exclusion from FACA for interactions between Federal Officials and their State, Local, or Tribal counterparts. • Department Regulation 1041-001, provides procedures under the jurisdiction of the Department of Agriculture.

7. FACA and CollaborationCollaborative Effort -Legal Framework • National Fire Plan (2001). Long-term, national commitment to manage the impact of wildland fire on communities and natural resources. It involves the collaboration of all levels of government and nongovernmental entities to restore ecosystems and reduce wildfire risks. • Healthy Forest Restoration Act of 2003 (HFRA). Reduces wildfire risk to communities, municipal water supplies, and at-risk federal land. HFRA emphasizes a collaborative process of planning, prioritizing, and implementing hazardous fuel reduction projects. • Stewardship Contracting (16 USC 2104 NOTE). Provides the FS and the BLM ten-year authority to enter into stewardship contracts and agreements. Promotes collaborative working relationships with local communities, improve land conditions, and help develop sustainable rural economies. • Tribal Forest Protection Act (PL108–278). This act establishes a process for tribes to work collaboratively with federal agencies to perform hazardous fuel reduction and forest health projects on federal lands adjacent to tribal lands. • Collaborative Forest Landscape Restoration Program (PL 111-11 , Sec. 4001). Encourages the collaborative, science-based ecosystem restoration of priority forest landscapes.

8. Establishing a FACA Committee • Committees must have a Charter approved by the Secretary • Charters must be renewed every two years • Membership must be “vetted” by the White House liaison • Membership must be fairly balanced in terms of points of view represented and functions to be performed • High expectation for diversity of culture and gender

9. Setting up a Collaborative Effort • Enhance communication through constructive dialogue, debate and deliberation • Utilize positive, enforceable ground rules that reflect collective values and principles • Promote joint problem-solving and creative solutions • Promote continuous improvements in process and direction • Advance social and civic responsibility

10. Appointments—FACA • Nominations come from the field to the WO FACA Officer • White House liaison conducts background checks on all nominees • Vetted nominees are recommended by the Chief and approved by the Secretary • Letters of Appointment and Certificates are mailed to the Committee’s DFO at a later time (Committees can meet without these letters & certificates)

11. Appointments—Collaborative Effort No hard and fast rules but in general: • Welcome diversity • Build relationships among stakeholders • Establishment of networks

12. Funding—FACA • Normally included within the legislation which establishes the committee • If Agency-created committee, the funding comes from OSEC or FS • Day-to-Day Management of funds is performed by ASC Budget and Finance

13. Funding—Collaborative Effort • Normal agency funding

14. Meetings—FACA • Required to be open to the public. Meetings notices and agendas must be published in the Federal Register • Designated Federal Officials (DFOs) must approve all meetings and agendas, and attend meetings • Detailed minutes of each meeting must be kept and posted on the web

15. Meetings—Collaborative Effort • Requirements are based on local needs and social climate. • Process and structure can differ by location, but should be agreed upon by the group, as part of established ground-rules. • Require focus in three areas: awareness of social dynamics, opportunity for knowledge sharing and careful facilitation. • Meetings must be transparent and open to all • Line Officers need to retain decision authority when involving NFS

16. Lifecycle of FACA Committees FACA Committees can be terminated as soon as: • Their stated objectives have been accomplished • The committee’s work has become obsolete • The cost of the committee’s operation is excessive in relation to the benefits accruing to the Federal Government.

17. Lifecycle of Collaborative Efforts The goal of collaboration is to build sustained relationships over-time. Some pitfalls do exist: • A lack of skills within the community. • A lack of willingness (Agency or partner) to come to the table. • Potential difficult personalities and a lack of trust. • Limited input by engaging the “Same Old Crowd.” • A lack of resources. • Extended or unknown time frames—resulting in burn-out or dragged out deliberations.

18. When could a Collaborative Effort violate FACA? • When the team is Established and Utilized by the Agency • Established –Actually formed by the Federal Agency • Utilized —subject to strict management and control by the federal government, i.e., selection of members, setting of agendas, or providing direct funding.

19. Criteria for not being subject to FACA • When composed of wholly of full-time or permanent part-time officers or employees of the Federal Government • When participants provide individual advice: there is no collective advice • When there is only information exchange/gathering • When the meeting is initiated by a group to express its view • When the group is established, managed, and/or controlled by a non-federal entity • When exempt by statute • When groups are operational committees • Operational as opposed to advisory functions • When making or implementing government decisions or policy

20. Criteria for not being subject to FACA • Created by the National Academy of Science or the National Academy of Public Administration • Created by the CIA or Federal Reserve System • Created locally, i.e., civic groups whose primary function is rendering a public service with respect to a federal program • State and Local groups established to advise state or local officials or agencies • Created to meet exclusively between Federal officials and elected officers of State, local, and Tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacity; and • Such meetings are solely for the purpose of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to federal law that explicitly or inherently, share intergovernmental responsibilities or administration.

21. In Contrast… A collaboration effort is voluntary. Based on local needs and objectives. Collaborative efforts do not have formal or legal paths for exemption.

22. Questions or Needing Examples? • For answers related to FACA, please visit: • www.access.gpo.gov/nara/cfr/waisidx_07/41cfr102-3_07.html • For answers related to collaboration, please visit: • www.partnershipresourcecenter.org • www.westcanhelp.org

23. Summary FACA applies if….. • the FS creates or organizes the group • the group’s agenda is tightly controlled or managed by the FS • the FS sponsors or funds the group, in whole or in part • the FS requests that the group undertakes specific tasks • the group has an organized structure, fixed membership, and/or a specific purpose identified by the Forest Service To be sure or for more information, contact: WO-FACA Office (ph) 202.205-0444 or WO-Partnership Office (ph) 202.205.8336