Sec. 12304. Tribal Advisory Committee
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Section 309 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6921 ) is amended— by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: In this subsection: The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term relevant Committees of Congress means— the Committee on Agriculture of the House of Representatives; the Committee on Agriculture, Nutrition, and Forestry of the Senate; and the Committee on Indian Affairs of the Senate.
The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The Secretary shall establish an advisory committee, to be known as the Tribal Advisory Committee (referred to in this subsection as the Committee ) to provide advice and guidance to the Secretary on matters relating to Tribal and Indian affairs. The Committee shall facilitate, but not supplant, government-to-government consultation between the Department of Agriculture (referred to in this subsection as the Department ) and Indian tribes.
The Council shall be composed of 9 members, of whom— 7 shall be appointed by the Secretary; 1 shall be appointed by the chairperson of the Committee on Indian Affairs of the Senate; and 1 shall be appointed by the ranking Member of the Committee on Indian Affairs of the Senate. The Secretary shall accept nominations for members of the Council from— an Indian tribe; a tribal organization; and a national or regional organization with expertise in issues relating to the duties of the Committee described in paragraph (4).
To the maximum extent feasible, the Secretary shall ensure that the members of the Committee represent a diverse set of expertise on issues relating to geographic regions, Indian tribes, and the agricultural industry. No member of the Committee shall be an officer or employee of the Federal government. Each member of the Committee— subject to clause (ii), shall be appointed to a 3-year term; and may be reappointed to not more than 3 consecutive terms. The first 7 appointments made by the Secretary under paragraph (3)(A)(i) shall be for a 2-year term.
Any vacancy in the Council shall be filled in the same manner as the original appointment not more than 90 days after the date on which the position becomes vacant. The Council shall meet in person not less than twice each year. Not fewer than 1 representative from the Office of Tribal Relations of the Department shall be present at each meeting of the Committee. The Assistant Secretary for Indian Affairs of the Department of the Interior (or a designee) shall be present at each meeting of the Committee.
The individuals described in clauses
(ii)and
(iii)shall be nonvoting representatives. The Committee shall— identify evolving issues of relevance to Indian tribes relating to programs of the Department; communicate to the Secretary the issues identified under subparagraph (A); submit to the Secretary recommendations for and solutions to— the issues identified under subparagraph (A); issues raised at the Tribal, regional, or national level; and issues relating to any Tribal consultation carried out by the Department; discuss issues and proposals for changes to the regulations, policies, and procedures of the Department that impact Indian tribes; identify priorities and provide advice on appropriate strategies for Tribal consultation on issues at the Tribal, regional, or national level regarding the Department; ensure that pertinent issues of the Department are brought to the attention of an Indian tribe in a timely manner so that timely feedback from an Indian tribe can be obtained; and identify and propose solutions to any interdepartmental barrier between the Department and other Federal agencies. Not less frequently than once each year, the Committee shall submit to the Secretary and the relevant Committees of Congress a report that describes— the activities of the Committee during the previous year; and recommendations for legislative or administrative action for the following year. Not more than 45 days after the date on which the Secretary receives a report under subparagraph (A), the Secretary shall submit a written response to that report to— the Committee; and the relevant Committees of Congress. Members of the Committee shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. .
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