[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Pages 13450-13452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6755]



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UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION

43 CFR Part 10001


Operating Procedures

AGENCY: Utah Reclamation Mitigation and Conservation Commission.

ACTION: Final rule.

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SUMMARY: This part establishes the final rule that describes the 
operating procedures of the agency established by the Central Utah 
Project Completion Act. The rule meets the requirement of the 
Administrative Procedure Act that directs each agency to publish its 
organizational structure and functions in the Federal Register for the 
guidance of the public.

EFFECTIVE DATE: February 5, 1996.

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: The final rule was adopted by the Utah 
Reclamation Mitigation and Conservation Commission in public session 
February 5, 1996.

List of Subjects in 43 CFR Part 10001

    Administrative practice and procedures, Organization and functions 
(Government Agencies).

    Chapter III of title 43 of the Code of Federal Regulations is 
amended to add new part as follows:

PART 10001--OPERATING PROCEDURES

Sec.
10001.1  Commissioners.
10001.2  Meetings.

    Authority: Sec. 301, Pub. L. 102-575, 106 Stat 4625.


Sec. 10001.1  Commissioners.

    (a) Three members of the Commission shall constitute a quorum.
    (b) The affirmative vote of at least three members of the 
Commission in attendance at a meeting at which a quorum is present, on 
any matter within their duties and responsibilities, shall constitute 
the Commission's action, except as otherwise provided herein.
    (1) The Commission may not take action on a matter not appearing on 
the published agenda for a particular meeting except upon the unanimous 
vote of the members present.
    (2) Any proposed Commission action must be moved by a Commission 
member and seconded by another member before a vote may be taken by the 
Commission. Other questions of procedure will be decided by reference 
to generally accepted principles of parliamentary procedure, as 
determined by the Chairman or the Chairman's designee.
    (3) A member who is present at a meeting of the Commission at which 
action on any matter is taken shall be presumed to have assented to the 
action taken unless that member's abstention or dissent shall have been 
entered into the minutes of the meeting or unless that member shall 
file a written dissent to such action with the Chairman before the 
adjournment of the meeting. A written dissent shall not apply to a 
member who voted in favor of such action.
    (4) In a case where a member is recused due to a conflict in a 
particular matter, the member shall not be present during, nor take any 
part in, the proceedings on that matter and shall not be counted as 
having voted.
    (5) No member of the Commission may appoint another individual, 
including another member, by proxy or otherwise, to assume his or her 
responsibilities or vote on his or her behalf as a member of the 
Commission.
    (c) There shall be one office of Chairman of the Commission to be 
held by a member of the Commission.
    (1) The Chairman shall be elected by an affirmative vote by at 
least three members of the Commission and shall hold office for one 
year, commencing immediately upon election, or until resignation from 
the office or the Commission.
    (2) The Chairman shall be the presiding officer of the Commission 
and shall perform the following duties and responsibilities:
    (i) Preside at all meetings of the Commission;
    (ii) Vote on all matters requiring Commission action;
    (iii) Execute all contracts, agreements, resolutions, and other 
documents approved and authorized by the Commission, except as 
otherwise delegated by the Commission;
    (iv) Preside at ceremonial activities sponsored by the Commission 
and represent the Commission at other ceremonial activities upon 
invitation;
    (v) Appoint any other member of the Commission to serve as Acting 
Chairman in the absence of the Chairman and Vice-Chairman; and
    (vi) Serve as spokesperson for the Commission, unless otherwise 
directed by the Commission. When the Chairman or any other member of 
the Commission speaks as an individual member of the Commission, the 
Chairman or member shall state when he or she is representing his or 
her own views and not the consensus of the Commission as a whole.
    (3) A member may not serve as Chairman for more than four 
consecutive full one-year terms.
    (4) Whenever a vacancy occurs in the office of Chairman, the 
members shall at their next meeting elect a successor to fill the 
vacancy for the unexpired term.
    (d) The Commission may, upon an affirmative vote by at least three 
members, elect one of its members to serve as Vice-Chairman.
    (1) The Vice-Chairman, whenever such office may from time to time 
be established, shall perform all of the duties of the Chairman of the 
Commission when the Chairman is unable for any reason to act or when 
for any reason there is a vacancy in the office of Chairman.

[[Page 13451]]

    (2) The term of office for the Vice-Chairman shall be one year, 
commencing immediately upon election unless otherwise established by 
the Commission.
    (e) The Chairman or Vice-Chairman may be removed from office by an 
affirmative vote of at least four members of the Commission whenever in 
its judgment the best interests of the Commission would be served.
    (f) Except as provided in paragraph (f) (1), of this section 
members of the Commission shall each be paid at a rate equal to the 
daily equivalent of the maximum of the annual rate of basic pay in 
effect for grade GS-15 of the General Schedule for each day (including 
travel time) during which they are engaged in the actual performance of 
duties vested in the Commission.
    (1) Members of the Commission who are full-time officers or 
employees of the United States or the State of Utah shall receive no 
additional pay by reason of their service on the Commission.
    (2) Members of the Commission who are eligible for compensation 
under this paragraph shall be paid for the performance of the following 
activities:
    (i) Preparation for and attendance at regularly scheduled meetings 
of the Commission or Commission meetings called pursuant to 
Sec. 10001.2(a);
    (ii) Preparation for and attendance at Commission inspections of 
mitigation and conservation projects;
    (iii) Preparation for and attendance at ceremonial activities 
sponsored by the Commission; and
    (iv) Upon the prior or subsequent approval of the Commission, 
preparation for and attendance at other meetings, or the performance of 
any activities assigned by the Commission.
    (g) All members of the Commission, as special or intermittent 
Federal employees, shall be entitled to advances or reimbursement of 
expenses incurred in the performance of the activities described in 
paragraph (f) of this section in accordance with the applicable Federal 
regulations.


Sec. 10001.2  Meetings.

    (a) The Commission shall meet at least quarterly each year and may 
meet at the call of the Chairman or upon the request of a majority of 
its members.
    (1) Commission members may participate in a Commission meeting 
through the use of conference telephone or similar communications 
equipment with the consent of the Chairman, provided that all members 
so participating, members at the meeting, and attending members of the 
public, can hear each other clearly at all times.
    (2) All meetings of the Commission shall be open and public, and 
all persons are permitted to attend except when the Commission meets in 
executive or work session.
    (i) Site visits by a quorum of the Commission are not considered to 
be meetings of the Commission; however, whenever feasible, interested 
members of the press will be invited to accompany the Commission on 
site visits.
    (ii) Paragraph (a)(2) of this section shall not be interpreted so 
as to prohibit the removal of any person who willfully disrupts a 
meeting.
    (3) The Commission may meet in executive session at any time and 
for any purpose authorized by law.
    (i) It is the intention of the Commission that its meetings should 
generally be open and public, and that executive sessions should be 
held only when permitted by law or when the reasons for the executive 
session clearly exceed the merits of public disclosure.
    (ii) A unanimous vote of the members present is required to move 
into executive session.
    (iii) The Commission shall not authorize or approve any mitigation 
or conservation plan, amendment, or project while in executive session, 
and shall report a summary of all non-exempt information from such 
sessions at the next open meeting.
    (iv) In the course of an executive session, any member may request 
that the matter under discussion be moved into an open meeting. Upon 
receiving such a request, the Chairman shall poll the members present 
in the executive session. If a majority agree to move the matter into 
an open meeting, the Chairman will close the discussion of the matter 
and schedule it for consideration at the next open meeting of the 
Commission.
    (b) The agenda for each Commission meeting shall be established by 
the Chairman upon recommendation from any member of the Commission or 
the Executive Director and shall briefly set out all items of business 
expected to come before the Commission at the meeting for action, 
consideration, or information, and identify items upon which the 
Commission will accept public comment.
    (1) The agenda shall specify the time and location of the meeting.
    (2) At least seven calendar days prior to a Commission meeting, the 
Executive Director shall publish the agenda for the upcoming meeting by 
providing copies to all members of the Commission, to major news media, 
and to all individuals, agencies, and organizations who have requested 
in writing to be given notice of Commission meetings.
    (3) The deadline for submission to the Executive Director of items 
for Commission meetings shall be ten business days prior to the date of 
the meeting as previously set by the Commission.
    (4) Any person appearing before the Commission to comment on an 
agenda item shall do so only when called by the Chairman. They shall 
state their name clearly for the record and may then address the 
Commission on the issue then under consideration, subject to reasonable 
time limits on the issue and individual speakers as established by the 
Chairman.
    (5) The Executive Director shall make available for inspection by 
the public, at the commencement of and during a Commission meeting, 
copies of the meeting agenda and of any written material that is not 
exempt from public disclosure and that has been distributed in advance 
of the meeting to the Commission members for action, consideration, or 
information at the meeting. If non-exempt written material is 
distributed to the members during the meeting, copies thereof shall be 
made available for public inspection at the same time or as soon 
thereafter as practicable.
    (6) Any person desiring to appear and present an item for 
Commission consideration shall file a written request to do so with the 
Executive Director. The request shall state the nature of the matter to 
be considered by the Commission. The Chairman shall then determine 
whether the matter should be placed on the agenda for a Commission 
meeting or should be referred to the Executive Director.
    (c) The Executive Director shall record, or have recorded, by tape 
recording and stenographic notes, official minutes of all open portions 
of Commission meetings.
    (1) The written minutes shall contain the following information:
    (i) the date, time, and location of the meeting, together with the 
names of all members present and absent, the names of all staff 
present, and a copy of the registration list of others attending the 
meeting;
    (ii) the substance of all matters proposed, considered, or decided, 
including actions to go into executive session and summaries of non-
exempt information from executive sessions;
    (iii) the names of all individuals who appeared before the 
Commission and the substance in brief of their comments;
    (iv) all motions (including the identity of the moving and 
seconding members),

[[Page 13452]]
votes, and major decisions of the Commission; and
    (v) any other information a member requests be entered in the 
minutes.
    (2) The draft of the written minutes shall be prepared and 
forwarded to the members by the Executive Director in a reasonable time 
after the meeting. The members shall inform the Executive Director or 
his or her designee of any proposed additions or corrections prior to 
the final draft being sent to the members with the packet of materials 
for the next Commission meeting.
    (3) The Commission shall approve the written minutes at its next 
regularly scheduled meeting. Upon such approval, the Chairman shall 
certify the approval of the minutes by signing the original document. 
One year after adoption of the minutes, the Executive Director shall 
cause the tape recording of the meeting to be erased and all 
stenographic notes to be destroyed, unless otherwise directed by the 
Commission.
    (4) Within a reasonable time after approval of the minutes by the 
Commission, the Executive Director shall make the approved minutes 
available for public inspection.
    (5) The Executive Director shall provide copies of the certified 
minutes to each member and maintain the original of the certified 
minutes in the agency files and archives.
Joan Degiorgio,
Acting Executive Director.
[FR Doc. 96-6755 Filed 3-26-96; 8:45 am]
BILLING CODE 4310-05-M