43 CFR § 10000.6 - Organization and functions.

§ 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.


(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.