16 U.S.C. § 6803 — Public participation
submitted 22 years ago by Pub. L. 108-447 to r/title-16-CONSERVATION · 1,188 words · no verdicts yet
The Secretary must give the public opportunities to participate in creating or changing recreation fees. This section also creates or permits advisory committees and sets their membership, procedures, meetings, and public-access rules.
(a) General rule. As this section requires, the Secretary* must give the public opportunities to take part in developing or changing a recreation fee* under this chapter.
(b) Advance notice. Six months before establishing a new recreation-fee area for an agency, the Secretary must publish notice in the Federal Register. For a new fee or a change to an existing fee, the Secretary must publish notice in local newspapers and publications near the site.
(c) Public involvement. Before creating a new fee area, the Secretary must provide public involvement by setting guidelines for involvement, guidelines for showing each year how agencies informed the public about fee revenue, and publishing those guidelines in the Federal Register.
(d) Recreation Resource Advisory Committee. (1) Except for the stated exceptions, the Secretary or Secretaries* must create a committee in each State* or region for Forest Service or Bureau of Land Management lands and waters. The Secretary may create additional committees. The Secretary must not create one in a State if, after consulting the Governor, there is not enough interest for balanced participation. The Secretary may use another lawful resource advisory committee or an existing recreation-fee advisory board instead. (2) Under paragraph (9), a committee may recommend action on standard or expanded amenity fees concerning implementation or a specific site, ending a fee, or expanding or limiting the program. (3) It must meet at least yearly and may meet more often to address citizen concerns promptly. (4) If the Secretary rejects a recommendation, the Secretary must give the committee and the specified congressional committees a notice explaining why, at least 30 days before acting. (5) The committee has 12 members. Governors and designated county officials may submit nominations. The Secretary may appoint from those lists. Representation must be broad and balanced: five recreation users covering, as appropriate, winter motorized and nonmotorized recreation, summer motorized and nonmotorized recreation, and hunting and fishing; four interest-group representatives covering, as appropriate, motorized and nonmotorized outfitters and guides, local environmental groups, and veterans' organizations; and three others—a State tourism official, an affected-tribe representative, and an affected-local-government representative. (6) Members serve staggered two- and three-year terms and may be reappointed. Vacancies must be filled promptly. For an unexpected vacancy, the Governor and county officials must submit nominations within two months, and the replacement should, when possible, have the same category and term. (7) Members choose the chair by majority vote. (8) Six members form a quorum, and a quorum is required for an official meeting. (9) The committee must set recommendation procedures. A recommendation may be sent to the Secretary only if a majority in each membership category approves it and general public support is documented. (10) Members receive no compensation. (11) Meetings must be announced at least one week ahead in a local newspaper of record and the Federal Register, and must be open. The committee must keep meeting records and make them available for public inspection. (12) Chapter 10 of title 5 applies to the committee.
As required in this section, the Secretary* shall provide the public with opportunities to participate in the development of or changing of a recreation fee* established under this chapter.
The Secretary shall publish a notice in the Federal Register of the establishment of a new recreation fee area for each agency 6 months before establishment. The Secretary shall publish notice of a new recreation fee or a change to an existing recreation fee established under this chapter in local newspapers and publications located near the site at which the recreation fee would be established or changed.
Before establishing any new recreation fee area, the Secretary shall provide opportunity for public involvement by—
establishing guidelines for public involvement;
establishing guidelines on how agencies will demonstrate on an annual basis how they have provided information to the public on the use of recreation fee revenues; and
publishing the guidelines in paragraphs (1) and (2) in the Federal Register.
Except as provided in subparagraphs (C) and (D), the Secretary or the Secretaries* shall establish a Recreation Resource Advisory Committee in each State* or region for Federal recreational lands and waters* managed by the Forest Service or the Bureau of Land Management to perform the duties described in paragraph (2).
The Secretary may have as many additional Recreation Resource Advisory Committees in a State or region as the Secretary considers necessary for the effective operation of this chapter.
The Secretary shall not establish a Recreation Resource Advisory Committee in a State if the Secretary determines, in consultation with the Governor of the State, that sufficient interest does not exist to ensure that participation on the Committee is balanced in terms of the points of view represented and the functions to be performed.
In lieu of establishing a Recreation Resource Advisory Committee under subparagraph (A), the Secretary may use a Resource Advisory Committee established pursuant to another provision of law and in accordance with that law or a recreation fee advisory board otherwise established by the Secretary to perform the duties specified in paragraph (2).
In accordance with the procedures required by paragraph (9), a Recreation Resource Advisory Committee may make recommendations to the Secretary regarding a standard amenity recreation fee* or an expanded amenity recreation fee*, whenever the recommendations relate to public concerns in the State or region covered by the Committee regarding—
the implementation of a standard amenity recreation fee or an expanded amenity recreation fee or the establishment of a specific recreation fee site;
the elimination of a standard amenity recreation fee or an expanded amenity recreation fee; or
the expansion or limitation of the recreation fee program.
A Recreation Resource Advisory Committee shall meet at least annually, but may, at the discretion of the Secretary, meet as often as needed to deal with citizen concerns about the recreation fee program in a timely manner.
If the Secretary rejects the recommendation of a Recreation Resource Advisory Committee, the Secretary shall issue a notice that identifies the reasons for rejecting the recommendation to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 30 days before the Secretary implements a decision pertaining to that recommendation.
A Recreation Resource Advisory Committee shall be comprised of 12 members.
The Governor and the designated county official from each county in the relevant State or Region may submit a list of nominations in the categories described under subparagraph (D).
The Secretary may appoint members of the Recreation Resource Advisory Committee from the list as provided in subparagraph (B).
In appointing the members of a Recreation Resource Advisory Committee, the Secretary shall provide for a balanced and broad representation from the recreation community that shall include the following:
Five persons who represent recreation users and that include, as appropriate, persons representing the following:
Winter motorized recreation, such as snowmobiling.
Winter non-motorized recreation, such as snowshoeing, cross country and down hill skiing, and snowboarding.
Summer motorized recreation, such as motorcycles, boaters, and off-highway vehicles.
Summer nonmotorized recreation, such as backpacking, horseback riding, mountain biking, canoeing, and rafting.
Hunting and fishing.
Four persons who represent interest groups that include, as appropriate, the following:
Motorized outfitters and guides.
Non-motorized outfitters and guides.
Local environmental groups.
Veterans organizations, as such term is defined in section 8471 of this title.
Three persons, as follows:
State tourism official to represent the State.
A person who represents affected Indian tribes.
A person who represents affected local government interests.
The Secretary shall appoint the members of a Recreation Resource Advisory Committee for staggered terms of 2 and 3 years beginning on the date that the members are first appointed. The Secretary may reappoint members to subsequent 2- or 3-year terms.
The Secretary shall make appointments to fill a vacancy on a Recreation Resource Advisory Committee as soon as practicable after the vacancy has occurred.
Where an unexpected vacancy occurs, the Governor and the designated county officials from each county in the relevant State shall provide the Secretary with a list of nominations in the relevant category, as described under paragraph (5)(D), not later than two months after notification of the vacancy. To the extent possible, a vacancy shall be filled in the same category and term in which the original appointment was made.
The chairperson of a Recreation Resource Advisory Committee shall be selected by the majority vote of the members of the Committee.
Six members shall constitute a quorum. A quorum must be present to constitute an official meeting of a Recreation Resource Advisory Committee.
A Recreation Resource Advisory Committee shall establish procedures for making recommendations to the Secretary. A recommendation may be submitted to the Secretary only if the recommendation is approved by a majority of the members of the Committee from each of the categories specified in paragraph (5)(D) and general public support for the recommendation is documented.
Members of the Recreation Resource Advisory Committee shall not receive any compensation.
All meetings of a Recreation Resource Advisory Committee shall be announced at least one week in advance in a local newspaper of record and the Federal Register, and shall be open to the public.
A Recreation Resource Advisory Committee shall maintain records of the meetings of the Recreation Resource Advisory Committee and make the records available for public inspection.
A Recreation Resource Advisory Committee is subject to the provisions of chapter 10 of title 5.
Source credit: (Pub. L. 108–447, div. J, title VIII, § 804, Dec. 8, 2004, 118 Stat. 3382; Pub. L. 117–286, § 4(a)(132), Dec. 27, 2022, 136 Stat. 4320; Pub. L. 118–234, title II, § 225, title III, § 311(c), Jan. 4, 2025, 138 Stat. 2888, 2897.)
- 2004Enacted · Pub. L. 108-447 · 118 Stat. 3382
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4320
- 2025Amended · Pub. L. 118-234 · 138 Stat. 2888, 2897
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-447 on 2004-12-08.
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