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Frequently Asked Questions About FACA <br /> Do we risk violating FACA if we meet just or pursue a FACA challenge. FACA should not be cited • <br /> once with a group of stakeholders to discuss as a reason to avoid meeting with a group of concerned <br /> land management issues? citizens. <br /> Generally, no,if the group initiates the meeting or if <br /> the format is town hall style. FACA will also not be When should we pursue chartering an <br /> triggered if you meet one-on-one with a stakeholder as advisory committee? <br /> opposed to meeting with a group. FACA may apply if When you find it necessary to take on a leadership role <br /> the agency establishes,manages,or controls the group or in soliciting group advice or recommendations from a <br /> suggests subsequent meetings with the group to discuss group. <br /> issues. Even a one-time meeting can violate FACA if <br /> the BLM organizes the meeting and seeks the group's Do I need a FACA charter if my advisory group <br /> analysis of issues or a recommended course of action for was not established by the BLM but required <br /> the agency. by legislation? <br /> Yes, unless the legislation specifically makes FACA <br /> Does FACA apply to meetings with permittees inapplicable. <br /> or contractors? <br /> No,as long as the discussion is limited to routine If a Resource Advisory Committee (RAC)sets <br /> matters directly related to the permit or contract. up a subcommittee, is it subject to FACA or <br /> Additionally,FACA won't apply if the meeting is solely exempt from FACA's procedural requirements? <br /> intragovernmental and contractors are present but not RAC subcommittees are exempt from FACAs <br /> part of the meeting. procedural requirements as long as they report back to <br /> the parent RAC and not directly to the BLM. However, <br /> What about "meetings"on the Internet? a RAC subcommittee's purview must be consistent with <br /> Treat such meetings the same as any other kinds of the FACA committee's charter and follow the BLM's <br /> gatherings;avoid organizing a group for the purpose of advisory committee regulations specifying formation, <br /> soliciting consensus opinion or reaching a decision on membership, and scope requirements. <br /> policy issues. <br /> Can the BLM fund group members'travel <br /> To what extent can the agency host and without implicating FACA? <br /> facilitate meetings and provide logistical The answer to this question is unclear, as funding is one <br /> support? very significant factor that may strongly indicate that <br /> It is acceptable to provide in-kind or financial support the agency is controlling or managing a group's agenda <br /> for facilitation and to allow meetings to occur in Federal or membership,particularly if similar group members <br /> buildings. Be cautious not to imply that the agency benefit from funding on a regular basis. Look for <br /> wishes to control the group's membership or agenda alternatives to funding group travel whenever possible, <br /> in exchange for providing a meeting place or logistical as it is not yet clear what implications funding travel <br /> support. Furthermore,be sure that in providing a may have on determining whether a group is subject to <br /> meeting place or support that you do not in any way FACA. <br /> appear to be hosting an advisory committee. Hosting <br /> occasional meetings may be seen as more neutral than Where can we get more detailed information <br /> hosting every meeting of a group. on FACA's application in particular situations? <br /> The BLM has an in-depth field guide with more <br /> What precautions can we take to avoid FACA detailed information available at http://www.blm.gov/ <br /> challenges? adr. Relevant FACA documents and a case law <br /> Refer to the best practices section of the BLM's in-depth database are also available on the General Services <br /> guidebook for specific suggestions. Most important, Administration's website at http://wwwgsa.gov. <br /> make sure to practice good public involvement at every Consult your FACA Committee Management Officer <br /> stage of your process. Stakeholders who feel that their (CMO) for more specific information about obtaining a <br /> voices are heard and respected are less likely to threaten FACA charter or your Solicitor's Office for legal advice. <br /> I <br />