[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]]

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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.

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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]
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