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Frequently Asked Questions

Do we risk violating FACA if we meet just once with a group of stakeholders to discuss land management issues?
Generally, no, if the group initiates the meeting or if the format is town hall style. FACA will also not be triggered if you meet one-on-one with a stakeholder as opposed to meeting with a group. FACA may apply if the agency establishes, manages, or controls the group or suggests subsequent meetings with the group to discuss issues. Even a one-time meeting can violate FACA if the BLM organizes the meeting and seeks the group’s analysis of issues or a recommended course of action for the agency.

Does FACA apply to meetings with permittees or contractors?
No, as long as the discussion is limited to routine matters directly related to the permit or contract. Additionally, FACA won’t apply if the meeting is solely intragovernmental and contractors are present but not part of the meeting.

What about “meetings” on the Internet?
Treat such meetings the same as any other kinds of gatherings; avoid organizing a group for the purpose of soliciting consensus opinion or reaching a decision on policy issues.

To what extent can the agency host and facilitate meetings and provide logistical support?
It is acceptable to provide in-kind or fi nancial support for facilitation and to allow meetings to occur in Federal buildings. Be cautious not to imply that the agency wishes to control the group’s membership or agenda in exchange for providing a meeting place or logistical support. Furthermore, be sure that in providing a meeting place or support that you do not in any way appear to be hosting an advisory committee. Hosting occasional meetings may be seen as more neutral than hosting every meeting of a group.

What precautions can we take to avoid FACA challenges?
Refer to the Best Practices section for specific suggestions. Most important, make sure to practice good public involvement at every stage of your process. Stakeholders who feel that their voices are heard and respected are less likely to threaten or pursue a FACA challenge. FACA should not be cited as a reason to avoid meeting with a group of concerned citizens.

When should we pursue chartering an advisory committee?
When you find it necessary to take on a leadership role in soliciting group advice or recommendations from a group.

Do I need a FACA charter if my advisory group was not established by the BLM but required by legislation?
Yes, unless the legislation specifi cally makes FACA inapplicable.

If a Resource Advisory Committee (RAC) sets up a subcommittee, is it subject to FACA or exempt from FACA’s procedural requirements?
RAC subcommittees are exempt from FACA’s procedural requirements as long as they report back to the parent RAC and not directly to the BLM. However, a RAC subcommittee’s purview must be consistent with the FACA committee’s charter and follow the BLM’s advisory committee regulations specifying formation, membership, and scope requirements.

Can the BLM fund group members’ travel without implicating FACA?
The answer to this question is unclear, as funding is one very significant factor that may strongly indicate that the agency is controlling or managing a group’s agenda or membership, particularly if similar group members benefit from funding on a regular basis. Look for alternatives to funding group travel whenever possible, as it is not yet clear what implications funding travel may have on determining whether a group is subject to FACA.

Where can we get more detailed information on FACA’s application in particular situations?
See the references in the Further Information section. Consult your FACA Committee Management Officer (CMO) for more specific information about FACA or your Solicitor’s Office for legal advice.

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• FURTHER INFORMATION