§825q–1 — Title 16 Conservation | U.S. Code

Summary

Creates an Office of Public Participation inside the Commission. The office is run by a Director who the Chairman picks and the Commission approves. The Director is paid up to the top Senior Executive Service rate under 5 U.S.C. 5382. With the Commission’s agreement, the Director can hire staff, set their pay, and hire temporary help as allowed under 5 U.S.C. 3109. The Director must help the public and people who take part in or want to join Commission proceedings. The Commission can pay reasonable lawyer, expert, and other costs to people whose participation helped win approval of their position, but only if the Commission finds the proceeding is significant and that unpaid participation would cause significant financial hardship. This does not remove any other legal rights participants have.

Title 16, §825q–1

Conservation — Source: USLM XML via OLRC

(a)(1)There shall be an office in the Commission to be known as the Office of Public Participation (hereinafter in this section referred to as the “Office”).

(2)(A)The Office shall be administered by a Director. The Director shall be appointed by the Chairman with the approval of the Commission.

(B)The Director shall be responsible for the discharge of the functions and duties of the Office. The Director shall be compensated at a rate of pay not greater than the maximum rate of pay prescribed for a senior executive in the Senior Executive Service under section 5382 of title 5.

(3)The Director may appoint, and assign the duties of, employees of such Office, and with the concurrence of the Commission he may fix the compensation of such employees and procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5.

(b)(1)The Director shall coordinate assistance to the public with respect to authorities exercised by the Commission. The Director shall also coordinate assistance available to persons intervening or participating or proposing to intervene or participate in proceedings before the Commission.

(2)The Commission may, under rules promulgated by it, provide compensation for reasonable attorney’s fees, expert witness fees, and other costs of intervening or participating in any proceeding before the Commission to any person whose intervention or participation substantially contributed to the approval, in whole or in part, of a position advocated by such person. Such compensation may be paid only if the Commission has determined that—

(A)the proceeding is significant, and

(B)such person’s intervention or participation in such proceeding without receipt of compensation constitutes a significant financial hardship to him.

(3)Nothing in this subsection affects or restricts any rights of any intervenor or participant under any other applicable law or rule of law.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(2)(A). Pub. L. 117–58, § 40432(1)(A), struck out third sentence which read as follows: “The Director may be removed during his term of office by the Chairman, with the approval of the Commission, only for inefficiency, neglect of duty, or malfeasance in office.” Subsec. (a)(2)(B). Pub. L. 117–58, § 40432(1)(B), struck out first sentence which provided for a 4-year term for the Director and substituted “The Director shall be compensated at a rate of pay not greater than the maximum rate of pay prescribed for a senior executive in the Senior Executive Service under section 5382 of title 5.” for “He shall be appointed and compensated at a rate not in excess of the maximum rate prescribed for GS–18 of the General Schedule under section 5332 of title 5.” Subsec. (b)(4). Pub. L. 117–58, § 40432(2), struck out par. (4) which read as follows: “There are authorized to be appropriated to the Secretary of Energy to be used by the Office for purposes of compensation of persons under the provisions of this subsection not to exceed $500,000 for the fiscal year 1978, not to exceed $2,000,000 for the fiscal year 1979, not to exceed $2,200,000 for the fiscal year 1980, and not to exceed $2,400,000 for the fiscal year 1981.”

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§825q–1 Office of Public Participation