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Mojave-Southern Great Basin Resource Advisory Council

Charter

1. OFFICIAL DESIGNATION: Mojave - Southern Great Basin Resource Advisory Council.

2. COUNCIL OBJECTIVES AND SCOPE: Provide counsel and advice to the Secretary of the Interior (Secretary) through the Bureau of Land Management (BLM) concerning planning and management of the public lands within the jurisdictional boundary indicated below:

A geographic area approximately coinciding with the Southern Nevada Basin and Range, and Sonoran Basin and Range major land resource area in Esmeralda, Nye, Lincoln and Clark Counties in Nevada.

3. PERIOD OF TIME NECESSARY FOR THE COUNCIL'S ACTIVITIES: The need for the Council is expected to continue indefinitely. Council continuation will be subject to periodic review and rechartering every 2 years as required by Section 14(b) of the Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix.

4. OFFICIAL TO WHOM THE COUNCIL REPORTS: The Designated Federal Officer (DFO) to whom the Council reports, unless otherwise noted, is as follows:

State Director
Bureau of Land Management
P.O. Box 12000
Reno, Nevada 89520-0006

5. ADMINISTRATIVE SUPPORT: Administrative support and funding for activities of the Council will be provided by the office of the DFO.

6. DUTIES OF THE COUNCIL: Council duties and responsibilities are advisory only and are generally as follows:

a. Develop recommendations for the BLM regarding the preparation, amendment, and implementation of land use plans for the public lands and resources within the jurisdiction of the Council. This may require the Council to gather and analyze information, conduct studies and field examinations, and hear public testimony.

b. Except for the purpose of long-range planning and the establishment of resource management priorities, the Council shall not provide advice on the allocation and expenditure of Federal funds or on personnel actions.

c. Advise the BLM in implementing identifying standards for ecological health and sustainability and establishing guidelines for resource uses.

d. Advise the BLM in identifying the geographic area to which standards and guidelines apply.

e. Develop recommendations for implementation of ecosystem approaches to management. Advise the BLM in establishing landscape goals and objectives.

f. Advise the BLM's efforts regarding development and achievement of local group's ecosystem approaches to management.

g. Recommend future Council model(s) and jurisdiction(s) that best serve the State(s) affected.

7. COUNCIL COMPOSITION:

a. Council members shall be representative of the interests of the following three general groups:

GROUP 1 - PERSONS WHO:

(i) hold Federal grazing permits or leases and represent permittees or lessees within the area for which the Council is organized;

(ii) represent organizations associated with transportation or rights-of-way;

(iii) represent organizations associated with developed outdoor recreation, off-highway vehicle use, or commercial recreation activities;

(iv) represent the commercial timber industry organizations; or

(v) represent energy and mineral development organizations.

GROUP 2 - PERSONS REPRESENTING:

(i) nationally or regionally recognized environmental organizations;

(ii) dispersed recreational activities users;

(iii) archaeological and historical organizations; or

(iv) nationally or regionally recognized wild horse and burro organizations.

GROUP 3 - PERSONS WHO:

(i) represent and are an elected official of State, county, or local government;

(ii) represent and are employed by a State agency responsible for the management of natural resources, land, or water;

(iii) represent Indian tribes within or adjacent to the Council's jurisdiction;

(iv) represent and are employed as academicians in natural resource management or the natural sciences organization; or

(v) represent the public-at-large.

b. The Council will be comprised of 10-15 members distributed in a balanced fashion among the three interest groups as specified in paragraph 7a. of this charter.

c. In appointing Council members from the three groups, the Secretary shall provide for a balanced and broad representation within each category.

d. Pursuant to Section 309(a) of the Federal Land Policy and Management Act (FLPMA) of 1976, at least one Council member shall be an elected official of general purpose government serving the people within the jurisdiction of the Council.

8. MEMBER QUALIFICATION, SELECTION, AND SERVICE:

a. Council members are appointed by and serve at the pleasure of the Secretary. To be eligible for appointment to the Council, a person must be qualified through education, training, knowledge, or experience to give informed and objective advice regarding an industry, discipline, or interest specified in the Council's charter; have demonstrated experience or knowledge of the geographical area under the purview of the Council; and have demonstrated a commitment to collaborate in seeking solutions to a wide spectrum of resource management issues. The BLM will consider nominations for Council membership from local government, organizations, and individuals. Council members must be residents of Nevada and be supported by letters of recommendation from the groups or interests the nominees will represent.

b. Council members will be appointed to serve 3-year terms, on a staggered term basis, with one-third of the Council representatives from each interest group subject to appointment or reappointment each year. At the end of the member’s term, he or she may continue to serve at the discretion of the Secretary for an interim period, which will not exceed 120 days, in order to ensure continuity on the Council until a new appointment has been made.

c. The term of a Council member who has been appointed on the basis of his or her status as an elected official will end upon the member's departure from elected office. The BLM must replace the member who leaves office by filling the vacancy using the same method by which the original appointment was made. However, at the Secretarys discretion, the member may be permitted to complete the same term in another vacant position on the Council, provided that the member is qualified to represent one of the other interests within the three groups listed in paragraph 7a. of this charter.

d. The Secretary or the DFO may, after written notice, terminate the service of a member if, in the judgment of the Secretary or DFO, removal is in the public interest. Members may also be terminated if they no longer meet the requirements under which they were appointed; fail or are unable to participate regularly in Council work; or have violated Federal law or the regulations of the Secretary. When a member fails to regularly attend meetings, the DFO will inform the member, in writing, that his or her service on the Council could be terminated. When any member fails to attend two consecutive meetings, without good cause, the DFO or his/her designee may deem that members position on the Council to have been vacated. Upon such determination, the DFO will inform the member, in writing, that his or her service on the Council is terminated.

e. Vacancies occurring for any reason, including resignation, death, changing residency by relocating outside the State(s) in which the Council is located, failure to regularly attend Council meetings, or Secretarial removal will be filled by the Secretary, for the position vacated and the balance of the vacating Council member's term, using the same method by which the original appointment was made. Such vacancies will be immediately reported to the DFO.

f. A Council member may not serve concurrently on more than one Council. Council members may serve concurrently on Council subgroups, e.g., Rangeland Resource Teams (RRTs).

g. Council members serve without salary, but will be reimbursed for travel and per diem expenses when on Council business as authorized by Section 309 of FLPMA and 5 U.S.C. 5703.

9. ETHICS RESPONSIBILITIES OF MEMBERS:

No Council or subcommittee member shall participate in any specific party matter including a lease, license, permit, contract, claim, agreement, or related litigation with the Department in which the member has a direct financial interest. As provided in 43 CFR 1784.2-2, members of the Council shall be required to disclose their direct or indirect interest in leases, licenses, permits, contracts, or claims that involve lands or resources administered by the BLM, or in any litigation related thereto.

10. SUBGROUPS:

a. The Council may form local subgroups to provide input necessary to the successful functioning of the Council. Such subgroups can be formed in response to a petition from local citizens or by a motion of the Council. Membership in any subgroup formed for the purpose of providing general advice to the Council on grazing administration should be constituted in accordance with paragraph 7a. of this charter. Input shall be provided directly to the Council for its deliberation and review.

b. Specific local subgroup requirements include:

(i) Members of Council subgroups must reside in Nevada;

(ii) All members of Council subgroups serve without salary. Only members of subgroups who are also members of the Council may be reimbursed for travel and per diem expenses when on Council (subgroup) business; and

(iii) Members of Council subgroups will be required to disclose their direct or indirect interest in leases, licenses, permits, contracts, or claims that involve lands or resources administered by the BLM, or in any litigation related thereto. No subgroup member shall participate in any matter in which the member has a direct interest.

11. TECHNICAL REVIEW TEAMS (TRTs):

Technical Review Teams may be formed by the BLM on an as-needed-basis to gather and analyze data and develop recommendations to aid the Council. A TRT can be formed at the motion of the BLM, or in response to a request by the Council or a local subgroup. Members will be selected based upon their knowledge of resource management or familiarity with the specific issues for which the TRT is formed, and will be limited to Federal employees and federally paid consultants. The TRTs will report directly to the BLM and will terminate upon completion of the assigned tasks.

12. COUNCIL OFFICERS: The Council will elect its own officers from among its members annually, usually at the first meeting of each calendar year. Chairpersons and members of any subgroup formed by the BLM, except TRTs, will be appointed by the Council Chairperson with the concurrence of the DFO.

13. MEETINGS:

a. The Council shall meet at the call of the DFO. All meetings of the Council must be attended by the DFO. All Council and Council subgroup meetings, including field examinations, will be open to the general public and representatives of the news media. Any organization, association, or individual may file a statement or appear before the Council or the Council subgroup(s) regarding topics on the meeting agenda.

b. A notice of each meeting of the Council will normally be published in the Federal Register and distributed to the news media serving the jurisdictional area of the Council, 30 days in advance of such meeting. If urgent circumstances prevent a 30-day notice, not less than a 15-day notice will suffice. The notice sets forth the purpose, time, and place of the meeting. If it becomes necessary to postpone or cancel a meeting, a notice will be published in the Federal Register and distributed to the local news media as early as possible.

c. Council meeting agendas will be approved in advance by the DFO.

d. The Council will normally meet from two to four times annually, but in no case less than once. Additional meetings may be called by the DFO.

e. Regular Council business activities will be conducted using standard rules of order.

f. Quorum and voting procedures: At least a majority of the Council members of each interest group must be present to constitute a quorum. To refer an issue to the DFO requires an affirmative vote of the majority of the members of each interest group. Unanimous consent of all Council members will be needed to forward a request to the Secretary as provided for under 43 CFR Sec. 1784.6-1(i).

14. COUNCIL RECORDS: Detailed minutes of each Council meeting will be kept and will record attendance; a complete and accurate description of matters discussed and conclusions reached; and copies of all documents received, issued, or approved by the Council. The accuracy of all minutes will be certified by the Council Chairperson. Copies of the minutes will be maintained in the office of the DFO, and will be available for public inspection and copying during regular business hours.

15. ESTIMATED OPERATING COSTS: Annual activities of the Council will require an estimated $50,000, including .4 person years.

16. EXPIRATION DATE: The Councils charter will expire 2 years from the date the charter is filed, unless, prior to that date, it is rechartered by the Secretary in accordance with the provisions of Section 14(b) of FACA, 5 U.S.C. Appendix. The Council shall not meet or perform any functions without a valid current charter.

17. AUTHORITY: Section 309 of FLPMA, as amended, 43 U.S.C. 1739.

Gale A. Norton                                           Oct. 13, 2005
SECRETARY OF THE INTERIOR          Date Signed

Oct. 13, 2005
Date Charter Filed

Approved by the Secretary of the Interior:  August 21, 1997
Revised by the Secretary of the Interior:  September 30, 2003
Revised by the Secretary of the Interior:  October 13, 2005

Charter Filed:  September 19, 1997

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