§ 45.2 What terms are used in this part?

As used in this part:

ALJ

means an administrative law judge appointed under 5 U.S.C. 3105 and assigned to preside over the hearing process under subpart B of this part.

Alternative

means a condition or prescription that a license party other than a bureau or Department develops as an alternative to a preliminary condition or prescription from a bureau or Department, under FPA sec. 33, 16 U.S.C. 823d.

Bureau

means any of the following organizations within DOI that develops a preliminary condition or prescription: The Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, or National Park Service.

Condition

means a condition under FPA sec. 4(e), 16 U.S.C. 797(e), for the adequate protection and utilization of a reservation.

Day

means a calendar day.

Department

means the Department of Agriculture, Department of Commerce, or Department of the Interior.

Discovery

means a prehearing process for obtaining facts or information to assist a party in preparing or presenting its case.

DOI

means the Department of the Interior, including any bureau, unit, or office of the Department, whether in Washington, DC, or in the field.

Ex parte communication

means an oral or written communication to the ALJ that is made without providing all parties reasonable notice and an opportunity to participate.

FERC

means the Federal Energy Regulatory Commission.

FPA

means the Federal Power Act, 16 U.S.C. 791

et seq.

Hearings Division

means the Departmental Cases Hearings Division, Office of Hearings and Appeals, Department of the Interior, 301 South West Temple Street, Suite 6.300, Salt Lake City, UT 84101, telephone 801-524-5344, facsimile number 801-524-5539.

Intervention

means a process by which a person who did not request a hearing under § 45.21 can participate as a party to the hearing under § 45.22.

License party

means a party to the license proceeding, as that term is defined at 18 CFR 385.102(c)

Department of the Interior, 301 South West Temple Street, Suite 6.300, Salt Lake City, UT 84101, telephone 801-524-5344, facsimile number 801-524-5539.

Intervention

means a process by which a person who did not request a hearing under § 45.21 can participate as a party to the hearing under § 45.22.

License party

means a party to the license proceeding, as that term is defined at 18 CFR 385.102(c).

License proceeding

means a proceeding before FERC for issuance of a license for a hydroelectric facility under 18 CFR part 4 or 5.

Material fact

means a fact that, if proved, may affect a Department's decision whether to affirm, modify, or withdraw any condition or prescription.

Modified condition or prescription

means any modified condition or prescription filed by a Department with FERC for inclusion in a hydropower license.

NEPA document

means an environmental assessment or environmental impact statement issued to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321

et seq.

OEPC

means the Office of Environmental Policy and Compliance, Department of the Interior, 1849 C Street NW., Mail Stop 2462, Washington, DC 20240, telephone 202-208-3891, facsimile number 202-208-6970.

Party

means, with respect to DOI's hearing process under subpart B of this part:

(1) A license party that has filed a timely request for a hearing under:

(i) Section 45.21; or

(ii) Either 7 CFR 1.621 or 50 CFR 221.21, with respect to a hearing process consolidated under § 45.23;

(2) A license party that has filed a timely notice of intervention and response under:

1, facsimile number 202-208-6970.

Party

means, with respect to DOI's hearing process under subpart B of this part:

(1) A license party that has filed a timely request for a hearing under:

(i) Section 45.21; or

(ii) Either 7 CFR 1.621 or 50 CFR 221.21, with respect to a hearing process consolidated under § 45.23;

(2) A license party that has filed a timely notice of intervention and response under:

(i) Section 45.22; or

(ii) Either 7 CFR 1.622 or 50 CFR 221.22, with respect to a hearing process consolidated under § 45.23;

(3) Any bureau whose preliminary condition or prescription has been filed with FERC; and

(4) Any other Department that has filed a preliminary condition or prescription, with respect to a hearing process consolidated under § 45.23.

Person

means an individual; a partnership, corporation, association, or other legal entity; an unincorporated organization; and any Federal, State, Tribal, county, district, territorial, or local government or agency.

Preliminary condition or prescription

means any preliminary condition or prescription filed by a Department with FERC for potential inclusion in a hydropower license.

Prescription

means a fishway prescribed under FPA sec. 18, 16 U.S.C. 811, to provide for the safe, timely, and effective passage of fish.

Representative

means a person who:

(1) Is authorized by a party to represent the party in a hearing process under this subpart; and

(2) Has filed an appearance under § 45.10.

Reservation

has the same meaning as the term “reservations” in FPA sec. 3(2), 16 U.S.C. 796(2).

Secretary

means the Secretary of the Interior or his or her designee.

Senior Department employee

has the same meaning as the term “senior employee” in 5 CFR 2637.211(a).

You

refers to a party other than a Department.