An Executive Comparison of FACA vs. Collaboration Efforts, WO ...

italiansaucySoftware and s/w Development

Dec 13, 2013 (3 years and 5 months ago)

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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.


C
onsult

Goal:

obtain
feedback





Tools
:



Surveys


Open house



Public
meeting



News
release



Website


Inform

Goal:

provide
objective
information






Tools
:



Fact
Sheets



Newsletter



Letters



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

There are different ways in which the Forest Service engages its public.

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.

.


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.



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.


-
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 (
PL

108

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.



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



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



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)


No hard and fast rules but in general:


Welcome diversity


Build relationships among stakeholders


Establishment of networks



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



Normal agency funding


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


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


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.


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.




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.



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




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.

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


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

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