Restoration Advisory Board (RAB) Proposed Rule

2005 Restoration Advisory Board (RAB) Proposed Rule

Fact Sheet

Overview

DoD published the Restoration Advisory Board (RAB) Proposed Rule in the Federal Register on 28 January 2005. The RAB Proposed Rule addresses RAB scope, characteristics, composition, funding, establishment, operation, and adjournment. The Rule was structured to maximize flexibility for RABs and installations nationwide. The Rule was initiallyproposed in Federal Register for public comment in August 1996. Although RABs provide advice and recommendations regarding environmental restoration to DoD, RABs are not Federal Advisory Committees and are specifically excluded from the requirements of the Federal Advisory Committee Act (10 U.S.C. § 2705(d)(2)).

2005 Key Additions

Military Munitions Response Program (MMRP) sites– If a RAB already exists at an installation and MMRP sites are identified, the RAB may be expanded to consider additional issues related to MMRP sites. If there is no current RAB active at the installation and MMRP sites are identified, the installation will follow the prescribed guidance for determining sufficient community interest in forming a RAB.

Conditions for RAB adjournment & dissolution –DoD sets forth requirements for adjourning procedures, dissolving a RAB, dissolution procedures, reestablishing an adjourned or dissolved RAB, and public comment. Consultation with EPA, states, tribes, RAB members, and the local community, as appropriate, will take place before a final decision is made to adjourn or dissolve a RAB.

Documenting RAB Activities–The Proposed Rule provides specific instructions for the documentation of RAB activities. This includes what information should be documented in the Information Repository including, efforts to survey community interest, steps taken to establish a RAB, how the RABs relates to the community involvement program, and steps taken to adjourn the RAB.

Submitting Comments

Consider what additions or revisions to the Rule would benefit all RABs

• Describe your rationale
• Provide examples
• Propose revised language

Submit your comments by 29 March 2005

• Via the Web –
• E-mail –
• Mail – Proposed RAB Rule, P.O. Box #5413, McLean, VA22103-5413

Next Steps

After the comment period, DoD will respond to comments and prepare a Final Rule. DoD will develop additional guidance once the Rule is finalized and promulgated in the Code of Federal Regulations.