[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Rules and Regulations]
[Pages 49446-49447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23136]
[[Page 49445]]
_______________________________________________________________________
Part III
Utah Reclamation Mitigation and Conservation Commission
_______________________________________________________________________
43 CFR Ch. III and Part 10000, et al.
Organization and Functions; Policies and Procedures for Developing and
Implementing the Commission's Mitigation and Conservation Plan; Final
Rules
Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 /
Rules and Regulations
[[Page 49446]]
UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION
43 CFR Chapter III and Part 10000
Organization and Functions
AGENCY: Utah Reclamation Mitigation and Conservation Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This part describes the organization and functions of the
agency which was established by the Central Utah Project Completion
Act. The rule meets the requirement of the Federal Administrative
Procedures Act that each agency shall separately state and currently
publish such information in the Federal Register for the guidance of
the public.
EFFECTIVE DATE: The rule takes effect on September 25, 1995.
FOR FURTHER INFORMATION CONTACT: Michael C. Weland, Executive Director,
Utah Reclamation Mitigation and Conservation Commission, 111 East
Broadway, Suite 310, Salt Lake City, Utah, 84111. Telephone: 801-524-
3146.
SUPPLEMENTARY INFORMATION:
Background
The establishment of this rule provides notice to the public of the
role of the Commission in mitigating for the effects of Federal
reclamation projects in Utah and to take other actions for the
conservation of important fish, wildlife, and recreation resources. The
Commission was established to focus the authority for reclamation
mitigation and to coordinate interagency efforts toward meeting
mitigation needs.
Rule Content
The rule provides a description of the general organization of the
agency and describes the responsibilities of the Commission as the
policy making body similar to a board of directors, and the
administrative duties and responsibilities of the Executive Director
and staff regarding implementation of mitigation and conservation
projects as authorized in the Act. It restates the purpose and
objectives from the Act and contains the agency Mission Statement
developed by the Commission.
List of Subjects in 43 CFR Part 10000
Authority delegations (Government agencies), Organization and
functions (Government agencies).
Accordingly, a new chapter III is established in title 43 of the
Code of Federal Regulations to read as follows:
CHAPTER III--UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION
Part
10000 Organization and functions
10005 Policies and procedures for developing and implementing the
Commission's mitigation and conservation plan
PART 10000--ORGANIZATION AND FUNCTIONS
Sec.
10000.1 Purpose.
10000.2 Authority.
10000.3 Definitions.
10000.4 Objective.
10000.5 Mission statement.
10000.6 Organization and functions.
10000.7 Place of business; service of process.
Authority: 5 U.S.C. 551 et seq.; 43 U.S.C. 620k(note); Sec.
301(g)(3)(A) of Pub. L. 102-575, 106 Stat. 4600, 4625.
Sec. 10000.1 Purpose.
This part describes the general organization of the agency and the
major functions of the operating units established within it.
Sec. 10000.2 Authority.
This part is issued under the authority of 5 U.S.C. 552 and section
301(g)(3)(A) of the Central Utah Project Completion Act (Public Law
102-575, 106 Stat. 4600, 4625, October 30, 1992).
Sec. 10000.3 Definitions.
Act refers to the Central Utah Project Completion Act, Titles II,
III, IV, V, and VI of Public Law 102-575, October 30, 1992.
Sec. 10000.4 Objective.
Section 301 of the Act established the Commission to coordinate the
implementation of the mitigation and conservation provisions of the Act
among Federal and State fish, wildlife, and recreation agencies in the
State of Utah.
Sec. 10000.5 Mission statement.
(a) The mission of the Utah Reclamation Mitigation and Conservation
Commission is to formulate and implement the policies and objectives to
accomplish the mitigation and conservation projects authorized in the
Act in coordination with Federal and State fish, wildlife and
recreation agencies and with local governmental entities and the
general public.
(b) In fulfillment of this mission, the Commission acknowledges and
adopts the following Guiding Principles for the conduct of its
responsibilities.
(1) The Commission will conduct its activities in accordance with
the mandate and spirit of the Act, including all other pertinent laws
and regulations, and will emphasize and assure full public involvement.
(2) The Commission recognizes the existing authorities of other
Federal and State agencies for the management of fish, wildlife and
recreation resources and habitats in the State, and pledges to
cooperate with said agencies to the fullest extent possible.
(3) The Commission is committed to raising the awareness and
appreciation of fish and wildlife and their importance to the quality
of life, as well as the fundamental and intrinsic right to coexistence
as fellow species on our planet.
(4) Whenever and wherever pertinent, the Commission will strive to
implement projects in accordance with ecosystem-based management and
principles.
(5) The Commission will strive to implement projects which offer
long-term benefits to fish, wildlife and recreation resources wherever
and whenever pertinent.
(6) The Commission is committed to operate in a cost-effective
manner, minimize overhead and operating expenses so as to maximize
funds available for projects, and encourage and seek out joint-venture
funding and partnerships for projects.
Sec. 10000.6 Organization and functions.
(a) The Commission is an executive branch agency independent from
the Department of the Interior, except that the Department is the
vehicle through which the Commission receives appropriated funds.
(b) The five member Commission appointed by the President is the
policy-making body for the agency and has the following duties and
responsibilities:
(1) Formulating the agency policies and objectives, and approving
plans and projects, for implementation of the fish, wildlife, and
recreation mitigation and conservation projects and features authorized
in the Act;
(2) Reviewing and approving agency fiscal year budgets formulated
and recommended by the Executive Director;
(3) Conducting public meetings on agency plans, programs, and
projects;
(4) Representing the agency at Congressional hearings on annual
agency appropriations or agency programs; and
(5) Reviewing and approving plans for the appointment or
acquisition by the Executive Director of such permanent, temporary, and
intermittent personnel services as the Executive Director considers
appropriate.
[[Page 49447]]
(c)(1) The Executive Director is the chief executive officer of the
agency and has, but is not limited to, the following duties and
responsibilities:
(i) Implementing the policies, plans, objectives, and projects
adopted by the Commission for implementation of the fish, wildlife, and
recreation mitigation and conservation projects and features authorized
in the Act;
(ii) Representing the Commission as directed and authorized,
including serving as the liaison with Federal, State, and local
government agencies and public interest groups, and providing for
public notice and involvement and agency consultation with respect to
Commission activities;
(iii) Attending all meetings of the Commission and participating in
its discussions and deliberations; making inquiries into and conducting
investigations into all agency activities; examining all proposed
projects, agreements, and contracts to which the agency may become a
party; preparing technical and administrative reports, agency
correspondence, and other documents and materials as required;
notifying the Commission of any emergency that may arise within or
affect the agency; and keeping the Commission fully informed on all
important aspects of the agency's administration and management;
(iv) Appointing agency staff in accordance with the staffing plan
approved by the Commission and in accordance with the Federal personnel
rules and regulations applicable under the Act, including: Appointing
and managing qualified staff capable of carrying out assigned
responsibilities; establishing compensation and standards,
qualifications, and procedures for agency personnel; procuring
temporary and intermittent personnel services as necessary and as are
within the annual budget approved by the Commission; terminating
personnel; ensuring compliance with Federal Safety Program and
prescribed health and safety standards; and giving positive direction
in accomplishing equal employment opportunity commitments for fair
selection, encouragement, and recognition of employees;
(v) Formulating the agency budget and cost estimates to support
agency plans, programs, and activities, and providing such budget
recommendations and estimates to the Commission;
(vi) Executing, administering, and monitoring contracts,
cooperative agreements, and such other documents as are necessary to
implement mitigation and conservation projects approved by the
Commission through the execution of Memoranda of Agreements, motions,
or other official actions, including approving, administering, and
monitoring expenditures of funds and other actions taken pursuant to
such contracts, cooperative agreements, and other such documents;
(vii) Monitoring, measuring, and reporting to the Commission
progress in carrying out mitigation and conservation plans and
projects;
(viii) Directing the day-to-day administration of the agency,
including:
(A) Approving expenditures and executing contracts and leases for
the acquisition of property or services as are necessary for the
administration of the agency, provided such expenditures are within the
agency's annual appropriations and the annual budget as approved by the
Commission, and provided further that the Executive Director shall
consult with the Commission prior to the approval of any such
expenditure in excess of $25,000;
(B) Enforcing, observing, and administering all laws, rules,
regulations, leases, permits, contracts, licenses and privileges
applicable to or enforceable by the agency; consulting with and
advising agency employees; designating, in the absence of the Executive
Director, a qualified agency employee to direct agency activities and
to make such decisions as are required during such absence; delegating
responsibility to agency personnel as in the judgment of the Executive
Director will benefit agency operations and functions; and
(C) Managing and maintaining agency office space, equipment, and
facilities in a sound and efficient manner; establishing and
maintaining agency files and archives; and preparing and maintaining an
up-to-date inventory of all agency property; and
(ix) Exercising the full power of the Commission in times of
emergency until such time as the emergency ends or the Commission meets
in formal session.
(2) Except in emergency situations and when specifically delegated
such responsibility by the Commission, the Executive Director has no
authority to formulate mitigation and conservation policies and
objectives or to approve or disapprove agency plans or projects, for
implementation of the fish, wildlife, and recreation mitigation and
conservation projects and features authorized in the Act.
(d) The agency staff is organized into four functional areas:
(1) Project Administration, through the Project Manager,
responsible for development and management of mitigation and
conservation projects;
(2) Planning Administration, through the Planning Manager,
responsible for development and coordination of mitigation and
conservation plans and for environmental compliance in general;
(3) Public Information, through the Public Information Officer,
responsible for preparation of reports and documents and dissemination
to the public of information regarding agency programs and projects;
and
(4) Administrative Services, through the Administrative Officer,
responsible for administrative support services and office management.
Sec. 10000.7 Place of business; service of process.
(a) The principle place of business and offices of the agency are
located at 111 East Broadway, Suite 310, Salt Lake City, Utah 84111.
All correspondence and requests for information or other materials
should be submitted to the agency at this address.
(b) The Executive Director is the agency official designated to
accept service of process on behalf of the agency.
Michael C. Weland,
Executive Director.
[FR Doc. 95-23136 Filed 9-22-95; 8:45 am]
BILLING CODE 4310-05-P
