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NSDI Governance II. Presentation to the Governance II Committee. Context for Report Purpose:. Summarize the report of the FGDC Future Directions governance team Summarize options/recommendations presented to the Steering Committee Summarize Steering Committee Responses
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NSDI Governance II Presentation to the Governance II Committee
Context for ReportPurpose: • Summarize the report of the FGDC Future Directions governance team • Summarize options/recommendations presented to the Steering Committee • Summarize Steering Committee Responses • Present refined options for consideration
Future Directions Governance Team • Intergovernmental team, with external stakeholder participation, established in 2004 • Team engaged in reviews, interviewed stakeholders, and conducted focus group discussions • May, 2005 report to the steering committee recommended: 1. Enhancing the role of the FGDC 2. Establishing a National Geospatial Coordination Council (NGCC) composed of government and non-government representatives 3. Improving the management of federal geospatial programs
June, 2005 Steering Committee Response • The Steering Committee approved recommendations one and three • The committee declined to endorse the NGCC (as outlined in the report), with some members expressing concern about seeking a legislatively-established council • The committee asked that a refined recommendation be developed
Subsequent Activities • Initiated Quarterly Steering Committee Meetings • Developed Charters for the Steering Committee and Coordination Group • Approved Fifty States Initiative proposal • Strengthened NSDI liaisons • Revised FGDC reporting process to focus on results
Additional Steering Committee Guidance - October, 2005 Approved list of Key Characteristics of NSDI Governance, including: • Strong national leadership • Representation of all sectors • Sustainable funding with financial incentives • FGDC coordinating federal activities • Need for a business case showing return on investment
Potential Governance Options • Option 1.NGCC as a FACA Committee composed of governmental and non-governmental entities • Option 2: NGCC composed of Federal, State, and Local representatives • Note: both options would likely include the continuation of FGDC as the federal coordination body for geospatial activities
NGCC as a FACA Committee composed of governmental and non-governmental entities • FACA (the Federal Advisory Committee Act) governs establishment of advisory committees composed of government and non-government representatives • FACA recognizes that such committees “are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions.” • FACA requires: • Consultation with GSA • Federal Register Notification • A finding by the head of the agency that such a committee is “in the public interest in connection with the performance of duties imposed on that agency by law.”
NGCC as a FACA Committee • Reasons supporting a FACA include • The committee will “result in the creation . . . of policies or guidelines affecting agency business” • “The advisory committee will make recommendations resulting in significant improvements in service or reductions in cost, or • “The advisory committee’s recommendations will provide an important additional perspective or viewpoint affecting agency operations
OMB FACA Requirements • In addition to FACA’s own requirements, OMB, in conjunction with an Executive Order, imposes additional standards upon the creation of a FACA advisory committee. They are: • The head of the agency must also find that “compelling considerations necessitate creation of such a committee” • OMB approval is necessary, which will only be granted if: • the committee’s existence is “compelled by considerations of national security, health or safety, or similar national interests, and • the agency creating the committee has not exceeded its limit upon the number of such committees it may maintain
Additional FACA Requirements • The establishing agency must also file a charter with various agencies • The FACA committee must be fairly balanced regarding represented views and functions • The FACA committee’s meetings must be open to the public after providing Federal Register Notice of them • Meetings must be memorialized in detailed minutes • Records must be publicly available • The FACA Expires After Two Years Unless Renewed
2: NGCC composed of Federal, State, and Local Officials • FACA’s requirements do not apply: • to an advisory committee composed entirely of federal, state, and local government officials, • where the meetings are for any purpose relating to intergovernmental responsibilities or administration • Thus, a non-FACA NGCC could be created administratively if it is composed solely of government officials (federal, state, local, tribal) • The intergovernmental Geospatial One-Stop Board of Directors is a model for this approach
NGCC as an intergovernmental governance body • Pro: This approach could be implemented quickly with less administrative burden than a FACA committee • Con: This option does not provide for direct participation of non-governmental entities.