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By-Laws of the Good Neighbor Environmental Board
ARTICLE I - NAME
The name of the organization shall be the Good Neighbor Environmental Board.
ARTICLE II - AUTHORITY
The Good Neighbor Environmental Board (hereinafter the Board) is established within the U.S. Environmental Protection Agency (EPA), Administrator's Office, Office of Cooperative Environmental Management (OCEM), under a charter approved by the Administrator and by the U. S. General Services Administration. The Board advises the President and the Congress of the United States consistent with its current approved charter and the requirements of the Federal Advisory Committee Act.
ARTICLE III - MISSION AND SCOPE
The Board is authorized under Section 6 of the Enterprise for the Americas Initiative Act, 7 U.S. C. Section 5404. The Board advises on approaches to sustainable development for the U.S.-Mexico border region that address environmental, natural resources, health, transportation, housing, and economic development issues.
ARTICLE IV - MEMBERSHIP
Section 1. Representation of Sectors
The committee consists of representatives from environmental groups, industry, academia, and state, local and tribal governments in the States of Arizona, California, New Mexico and Texas, and from eight U.S. Government agencies, i.e., the Departments of Agriculture, Commerce, Health and Human Services, Housing and Urban Development, Interior, State, Transportation, and the Environmental Protection Agency.
Section 2: Participant Categories, Appointment Process, and Terms
a) Committee Members
Committee Members shall be volunteer officials who have full rights in all committee actions.
Committee Members from the four U.S.-Mexico border states are appointed by the EPA Administrator for a term of two years. Committee members from participating federal departments and agencies are designated by the heads of the departments or agencies and serve until replaced. A Committee Member may be reappointed.
A Committee Member may serve as a member of any subgroup formed under Board auspices.
b) Committee Advisors
The Board may invite technical and other non-member Advisors to serve on a specific group formed under Board auspices. Advisors shall be full participants in the group's deliberations. Advisors are appointed in consultation with the Designated Federal Officer and the Committee Chair. The term of an Advisor shall be set in accordance with the needs of the Committee and conveyed to the Advisor at the time of appointment.
Section 3. Termination of Membership
a) The Chair may recommend termination of a Member's appointment to the EPA Administrator if a Member misses two consecutive meetings of the Board.
b) A Board Member who changes his or her professional affiliation may be removed by the EPA Administrator in order to maintain balance among sectors of membership.
c) A Board Member may be removed for cause, as determined by the EPA Administrator, when he or she is determined to have violated the Ethics in Government Act or when his or her continued participation would reflect unfavorably on the overall actions of the Committee.
d) A Member may be removed for other reasons the Administrator deems appropriate.
ARTICLE V - COMMITTEE ORGANIZATION
Section 1. Committee Structure
a) The Committee shall generally act as a committee of the whole.
b) Subgroups may be established to consider specific matters and must report back to the full Committee.
c) The number, designation, mission, scope, and membership of subgroups
at any time
will be subject to agreement between the Chair and the Designated Federal
Officer.
Section 2: Officers
a) Committee Chair
The Committee shall have a Chair appointed by the Administrator from the membership, in consultation with the Designated Federal Officer. The Chair shall serve a one-year term of office. The Chair may be reappointed to a second term.
The Committee Chair, in consultation with the Designated Federal Officer, shall be responsible for overall planning for the Committee and for coordinating activity among subcommittees.
The Chair shall be empowered to act for the Committee between meetings.
b) Subgroup Chairs
Each designated subgroup shall have a chair from the Board membership, appointed in consultation with the Chair and the Designated Federal Officer. Each subgroup chair shall serve a term as appropriate to the work of the subgroup.
c) Designated Federal Officers
The Board and any subgroup shall have a Designated Federal Officer (DFO) who will be present at all meetings and is authorized to adjourn any meeting when it is determined to be in the public interest. The Committee or subgroups may not conduct any meetings in the absence of the DFO or his/her designee. Committee meetings will be called, announced and held in accordance with the Federal Advisory Committee Act. The DFO shall be assigned from the EPA Office of Cooperative Environmental Management.
ARTICLE VI- MEETINGS
Section 1. Compliance with FACA
a) The Board and any subgroups formed under Board auspices will operate in accordance with all requirements of the Federal Advisory Committee Act (FACA). Such requirements include but are not limited to: publishing notice of meetings in the Federal Register, holding open meetings, and taking and distributing minutes of meetings.
b) Subgroups that do not function independently of the Committee are subject to all FACA requirements except separate chartering unless exempt from such requirements under GSA Rule (41 CFR Sec 101-6.1004(k)).
c) Subgroups may conduct meetings that are not noticed in the Federal Register or open to the public if they are conducted solely for the purposes of gathering information, conducting research, analyzing relevant issues or facts, or drafting position papers for deliberation by the committee in a public meeting. Members may also conduct public briefing or information-gathering meetings in their locales. Voluntary noticing of such meetings in the Federal Register must be agreed to by the Designated Federal Officer.
Section 2. Meeting Scheduling
a) The full Committee shall meet in plenary session at least three times annually.
b) Subgroups formed under Board auspices shall meet as needed at the call of the Committee Chair and the Designated Federal Officer.
Section 3. Quorum
The presence of fifty-one percent of Board Members attending a committee meeting shall constitute a quorum for transaction of business.
ARTICLE VII -REPORTS AND RECOMMENDATIONS
Section 1. Committee Reports and Recommendations
a) A consensus of the Committee shall be sufficient for forwarding a recommendation to the President and the Congress. If a vote is taken at a meeting, a majority of Members present shall be considered a quorum.
b) Each draft annual report or recommendation shall be distributed to all Committee Members for review for a maximum of 15 work days. A Committee Member shall be assumed to approve the recommendation(s) if no comment is received by the close of the 15-day period.
c) Final Committee action on a proposed recommendation shall be completed within a maximum of 30 work days from the date the proposed report or recommendation was sent to the full Committee for review.
d) The Committee Chair shall transmit an approved Committee Report or Recommendation if a majority of all Committee Members approves within 30 working days. Significant minority views may be transmitted with an approved recommendation at the option of the Chair.
Section 2. Availability of Reports
All materials prepared by the Board and its subgroups are available to the public in accordance with the Federal Advisory Committee Act, section 10 (b) and subject to the Freedom of Information Act.
ARTICLE VIII -AMENDMENTS TO BYLAWS
The Bylaws of the Committee may be added to, amended,
or repealed in whole or in part by
vote of at least two-thirds of the Committee Members at any regular
meeting or by a vote in
writing taken by mail, provided that notice of intention to do
so shall have been given to
each Member at least 30 days preceding the vote.