43 C.F.R. § 1784.2-1

Composition

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(a) Each advisory committee shall be structured to provide fair membership balance, both geographic and interest-specific, in terms of the functions to be performed and points of view to be represented, as prescribed by its charter. Each shall be formed with the objective of providing representative counsel and advice about public land and resource planning, retention, management and disposal. No person is to be denied an opportunity to serve because of race, age, sex, religion or national origin.

(b) Individuals shall qualify to serve on an advisory committee because their education, training, or experience enables them to give informed and objective advice regarding an industry, discipline, or interest specified in the committee's charter; they have demonstrated experience or knowledge of the geographical area under the purview of the advisory committee; and they have demonstrated a commitment to collaborate in seeking solutions to resource management issues.

[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]

Notes of Decisions

Cited in 4 cases, 2004–2019 · leading case: Colorado Env't Coalition v. Wenker, 353 F.3d 1221 (10th Cir. 2004).

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Colorado Env't Coalition v. Wenker, 353 F.3d 1221 (10th Cir. 2004). · cites it 3× “We conclude that the individual plaintiffs Peters and Houdek do have standing to bring this action, and that the “fair membership balance” requirement of 43 C.F.R. § 1784.2-1 (a) provides a meaningful legal standard to apply to their claims on that issue.”

W. Org. Councils v. Bernhardt, 362 F. Supp. 3d 900 (D. Mont. 2019). · cites it 2× “Following CPATH , Western can only succeed if it shows that some authority other than FACA provides a sufficient standard for review. To do so, Western relies on the BLM regulations under Title 43, subpart 1784 of the Code of Federal Regulations.”

Ctr. for Policy Analysis on Trade & Health v. Off. of United States Trade Rep., 540 F.3d 940 (9th Cir. 2008). “We therefore find Wenker persuasive only to the extent that it suggests that additional regulations might, in some circumstances, be sufficient to result in a reviewable controversy under the APA.”

Cpath v. Off. of US Trade (9th Cir. 2008). “We therefore find Wenker persua- sive only to the extent that it suggests that additional regulations might, in some circumstances, be sufficient to result in a reviewable controversy under the APA.”

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