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WRAP Charter (also see: WRAP Bylaws)

This charter sets forth the basic operating goals, principles and operating procedures for the WESTERN REGIONAL AIR PARTNERSHIP.

PURPOSE

The purpose of the WRAP is to identify regional or common air management issues, develop and implement strategies to address these issues, and formulate and advance western regional policy positions on air quality. Included in this purpose is the implementation of the Grand Canyon Visibility Transport Commission's recommendations.

The WRAP is being established by states and tribes and represents a partnership of states and tribes as well as federal agencies. This partnership recognizes the unique legal status and jurisdiction of tribes and seeks to promote policies that ensure fair and equitable treatment of all participating members of the WRAP. The Partnership also recognizes the states' and tribe's authority and responsibility to develop, adopt and implement their individual state and tribal implementation plans. Further, the Partnership recognizes the discretion of the U.S. Environmental Protection Agency and its responsibility to develop national regulatory initiatives, and review State and Tribal implementation plans through public rulemaking procedures. In addition, the Partnership recognizes the affirmative responsibility of the federal land managing agencies under the Clean Air Act to protect the air quality related values, including visibility of Class I areas and to manage all the areas under their respective jurisdictions for the public purposes set forth in their governing statutory authorities. The WRAP has no regulatory authority and recognizes that all legal authority is reserved by its members in accordance with existing law. The Partnership also recognizes the United States' trust responsibility as carried out by the federal agencies to protect tribal resources from degradation.

The organization will provide a coordination mechanism with regard to science and technology support for policy and programmatic uses in the western United States.

The WRAP is being formed as an organization exempt from the Federal Advisory Committee Act. The WRAP will conduct its processes consistent with the concepts of open and participatory government.

BACKGROUND

The 1990 Amendments to the Clean Air Act established the Grand Canyon Visibility Transport Commission (GCVTC) which in June of 1996, completed its original mission of developing recommended strategies for improving visibility in the Grand Canyon and other Class I sites on the Colorado Plateau. Recognizing the need for a process to monitor and coordinate the implementation of its final recommendations, the GCVTC voted to create the WRAP.

In considering this charter, the WRAP recognized the advantages of coordination on many of the projects relating to air quality that are underway in the western region. While the initial focus of the WRAP was to implement the recommendations of the GCVTC in conjunction with federal visibility rules, the requirements of these rules also highlighted the need to implement other regional planning processes to improve visibility in all western Class I areas. Rather than establishing multiple western air quality organizations to meet this goal, the role of the WRAP was expanded beyond the 16 Class 1 areas on the Colorado Plateau.

STAKEHOLDER INVOLVEMENT

The WRAP will include participation from industry, environmental groups and any other affected parties, and will operate in conjunction with regional organizations such as WESTAR, the Western Governors' Association, and the National Tribal Environmental Council.

PART 1. Goals

The goal of the WRAP is to initiate and coordinate activities associated with the management of regional or common air quality issues in the western region of the United States.

PART 2. Membership

Tribes and states shall have equal membership. Initial membership shall be based on the number of states choosing to join the WRAP. Should a state withdraw from WRAP membership, tribal representation would not be reduced. However voting representation would remain equal for states and tribes.

Section 1. States

a. The governor or his/her designee of the following states: Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.

b. Designation by a governor of a designee shall be made in writing to WRAP. Designees shall serve at the pleasure of their respective governors. Any changes in such designation shall be made in writing to WRAP.

c. States shall provide a mechanism for communicating with local government air quality agencies and for participation of representatives from local government air quality agencies in WRAP activities.

Section 2. Tribes

a. Tribes participating in WRAP must be federally recognized.

b. Tribal participation shall be determined by the tribes located in the geographical region encompassed by the WRAP states listed in Part 2, Section 1.a., and the State of Nevada, and shall be representative of this geographical region.

c. WRAP tribal members shall provide a mechanism for participation by all other interested tribal governments.

d. A tribal leader shall identify in writing a designee to WRAP. Designees shall serve at the pleasure of their respective leadership. Any changes in such designation shall be made in writing to WRAP.

Section 3. Federal Government

a. The U.S. Secretary of the Interior or his/her designee as a voting member.

b. The U.S. Secretary of Agriculture or his/her designee as a voting member.

c. The Administrator of the U.S. Environmental Protection Agency or his/her designee as a non voting member.

d. WRAP federal members shall provide a mechanism for coordination and participation by their national, regional and local units.

e. All designations by federal agencies shall be made in writing to the WRAP.

PART 3. Officers, Duties, Elections, Terms of Office and Succession to Office

Section 1. Officers

The officers of WRAP shall consist of a state and tribal Co-Chairperson, and a Treasurer/Secretary elected from the membership of the body.

Section 2. Duties of Officers

a. Co-Chairpersons. Jointly preside at all meetings of WRAP; facilitate consensus on all air quality issues; may convene separate subcommittees to accomplish goals and objectives; serve as ex-officio members of subcommittees and work groups; delegate issues to smaller work groups of the WRAP; represent the WRAP at public meetings. When circumstances require expedient action, co-chairpersons may use telephone polls to determine if the WRAP should consider an issue.

b. Treasurer/Secretary. Responsible for creating a written record of all meetings, teleconferences and discussion of the WRAP; transmits this information to all members of WRAP; may receive assistance by staff or delegate to committees established by WRAP. Proposes annual budget to the members of WRAP, reviews audits and final reports of WRAP and committees receiving funds on behalf of WRAP.

Section 3. Terms and Elections

a. Officers shall be elected by vote of the membership according to the voting procedures in Part 4.

b. The terms of office for the Co-Chairpersons, and Treasurer/Secretary shall be for two years, beginning and ending on the date of the respective years of the annual meeting.

c. The term of office for the Co-Chairpersons, and the Treasurer/Secretary shall begin at the end of the annual meeting.

d. At least 60 days prior to the annual meeting of WRAP, the Co-Chairpersons shall appoint a nominating committee comprised of no fewer than five WRAP members of which two shall be state representatives and two shall be tribal representatives and one shall be a federal representative. The nominating committee shall prepare a list of WRAP member nominees for all positions. The list shall be presented to the WRAP membership at least 15 days before the annual meeting. At the annual meeting, state and tribal nominations shall also be accepted from the membership.

e. In the event that an officer no longer is a WRAP member, or the office should otherwise become vacant, the Co-Chairpersons shall request the nominating committee to recommend candidates for the vacated position. After receiving the recommendations, the Co-Chairpersons shall call a vote to elect the new officer. Between the time that such vacancy occurs and such vote occurs, the Co-Chairpersons shall appoint a member to serve as interim holder of that office.

PART 4. Issue Resolution, Voting, Quorums, Alternates and Proxy

Section 1. Issue Resolution

a. It is the intent of WRAP to resolve all issues on a consensus basis. Whenever there is disagreement among members, each member must commit to making all reasonable efforts to achieve consensus. This may include, when time permits, participation in formal consensus building processes.

b. When consensus cannot be reached, positions of members may be recorded for purposes of the public record.

c. Voting may be conducted on administrative matters when consensus cannot be reached on such issues. Administrative matters include the election of officers, budget adoption and other issues related to the general management of the organization.

d. Passage of any matter in which a vote is taken requires the support of two thirds of the membership of WRAP.

Section 2. Quorums

a. A quorum at meetings and conference calls shall be representation from two thirds of the members.

b. A vote for determining whether a matter is of an administrative nature requires two thirds of the voting members.

c. WRAP shall strive to make all decisions on a consensus basis. On administrative matters when voting is necessary, WRAP will follow Robert's Rules of Order.

d. WRAP may vote by presenting a question either at any meeting or by mail (or facsimile) ballot to all members of WRAP.

e. The Co-Chairpersons shall submit to all members by express mail or by facsimile any matter being proposed for a vote no fewer than ten days in advance of the meeting at which the vote is scheduled to be taken, or the date the mail (facsimile) vote is scheduled to be taken.

f. The Treasurer/Secretary is responsible for the taking of meeting minutes and will publish the count of any vote, including abstentions, in the minutes of the meeting.

g. Upon a motion adopted by a majority of the voting members of WRAP, the Co-Chairpersons may take a roll call vote.

Section 3. Alternates

A WRAP member or designee may designate an alternate that may vote in that member or designee's absence, provided that the member or designee notifies the Co-Chairpersons in writing of the alternate designee's status prior to the meeting. State and federal member designees and alternates must be from the member's organization.

PART 5. Meetings

a. WRAP shall hold an annual meeting each year, but may meet as often as is necessary to conduct its business.

b. Additional meetings of WRAP, including meetings with other groups, may be called at the request of a majority of the WRAP members at the request of the Co-Chairpersons.

c. All meetings shall be conducted according to Robert's Rules of Order.

d. All WRAP meetings will be open to the public. Upon a vote of the majority of the voting members present, WRAP may decide to enter into Executive Session (from which the public may be excluded) for the purpose of discussing and considering matters relating to personnel, litigation, real estate and other specific matters, the discussion of which in open session would be detrimental to the interest of WRAP. Federal agencies will participate in Executive Session from which the public is excluded only to the extent consistent with federal law. Minutes of the public sessions of the meeting and other status or program reports shall be made available to the public.

e. WRAP shall provide at least 15 days prior public notice of its meetings. The notice shall indicate the time, date, place and purpose of the meeting and include a summary of the agenda. The notice shall also indicate whether all or part of the meeting is open to the public or closed, and if closed the reasons why. Meetings shall be held at a reasonable time, and in a place reasonably accessible to the public. The meeting room shall be of sufficient size to accommodate WRAP members, staff and interested members of the public. Any member of the public is permitted to file a written statement with WRAP and may speak at public meetings during designated periods, as time allows.

PART 6. Stakeholders

a. WRAP shall sponsor meetings of stakeholders to ensure public access to the organization and its policy development process.

b. WRAP may establish committees and subcommittees consisting of a balanced stakeholder groups as appropriate to accomplish specific purposes.

PART 7. Powers of WRAP

a. In carrying out its duties and responsibilities, WRAP may solicit external funding and may organize committees and sub-committees of members of other groups for management or assessment functions (e.g., policy and technical steering committees, etc.). WRAP members may call for the review of committee membership and alter committee membership consistent with its stakeholder and organizational objectives.

b. WRAP may refer issues to committees, forums, working groups or other groups as appropriate to address regional or common air quality issues.

c. WRAP has the authority to hire staff, or arrange for the provision of staff support, to carry out its activities.

d. WRAP may authorize other organizations to solicit and manage funding on its behalf.

PART 8. Communication

a. The Co-Chairpersons shall submit a call for issues to all members at least 60 days prior to a scheduled meeting.

b. The Co-Chairpersons shall submit a draft agenda to all members at least 20 days prior to a scheduled meeting.

c. The Co-Chairpersons shall accept agenda items from all members up to 15 days prior to a scheduled meeting.

d. The Co-Chairperson shall submit a final agenda to all members by express mail or facsimile 10 days prior to a scheduled meeting.

e. The Co-Chairpersons may amend this communication schedule for a particular meeting upon a vote of the voting members present, when a quorum is present. For votes on new business matters introduced at this particular meeting, a majority vote of the voting members is required to allow the matter to go to vote at that meeting.

f. The Co-Chairpersons shall not be required to satisfy the communication schedule when an emergency meeting must be held, or when a majority of the WRAP members allows a different communications schedule, except with regard to the provision in Paragraph e. above, pertaining to votes on new business matters.

g. Nothing in this Part shall prevent WRAP from conducting business and taking valid votes at the meeting at which this charter is adopted.

h. The WRAP shall establish procedures for conducting meetings and maintaining records of those meetings.

PART 9. Amendments

The charter may be amended at any business meeting where a quorum of members are present in accordance with established voting procedures. Amendments to the charter shall be introduced in accordance with Robert's Rules of Order and, if consensus is not achieved, must be passed by a vote of at least two thirds of the voting members. Amendments to the charter may only be introduced if noticed at least 10 days prior to the business meeting.

The acceptance of new members to the WRAP must be done through an amendment to this charter.

PART 10. Miscellaneous

Section 1. Equal Employment Opportunity

It is the policy of WRAP to provide equal opportunity for employment and advancement to all employees and applicants for employment without regard to race, color, religion, sex, age, national origin, political affiliation, or physical or mental handicap. This policy covers all aspects of WRAP's personnel practices including but not limited to recruitment, hiring, training, promotions, transfers, assignments, benefits and disciplinary action. All WRAP members are responsible for supporting this policy and for assuring that the workplace is free from discrimination.

Section 2. Conflict of Interest

WRAP's policy is that all members and employees must avoid any action which might result in, or create the appearance of:

a. Using official position for private gain,

b. Giving preferential treatment to any person,

c. Losing independence or impartiality,

d. Making an official decision outside of official channels, or

e. Undermining public confidence in the integrity of WRAP.

Further, WRAP's policy is to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of WRAP assistance, including, but not limited to contracts and subcontracts for personal and professional services, agreements with consultants and purchase orders.

PART 11. Dissolution of the WRAP

At its first meeting, the WRAP shall establish a level of membership below which this charter shall be voided and this organization shall dissolve.

PART 12. Certification

We hereby certify that the foregoing Western Regional Air Partnership Charter was adopted at a duly called meeting of the Western Regional Air Partnership, held on the _______ day of ________, 1997, where a quorum was present.

 

Dated this ________ day of __________, 1997.

______________________________
Co-Chairperson, Western Regional Air Partnership

______________________________
Co-Chairperson, Western Regional Air Partnership

July 2, 1997
Revised March 30, 1999
Revised November 29, 2001

(also see: WRAP Bylaws)

 

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