18 C.F.R. § 803.22 Request for determination.
Title 18 - Conservation of Power and Water Resources
(a) Sponsors of projects which may require review and approval, as described in §803.5, shall submit a “request for determination” to the executive director with such accompanying information and data as the executive director shall prescribe. (b) If a project sponsor is uncertain whether a “request for determination” should be filed with the commission, the sponsor may ask for and, within thirty days after submission of information in such form and manner as will allow the executive director to make a decision, receive from the executive director a letter stating whether a “request for determination” should be filed. The executive director may also direct a project sponsor to submit a “request for determination.” (c) Within thirty days of the receipt of such “request for determination,” the executive director shall determine whether the said project must be reviewed and approved by the commission. In making such determination, the executive director shall be guided primarily by his/her findings as to the following factors: (1) Whether the proposed project will have a significant interstate effect on water supply, stream flows, aquifers, water quality, flooding, sensitive land areas, aquatic or terrestrial forms of plant or animal life, historical or cultural resources, or any other water-related resource. (2) Whether the proposed project will have a significant impact upon the goals, objectives, guidelines, plans, or projects included in the comprehensive plan. (3) Whether the proposed project may have an adverse or adverse cumulative effect on the water resources of the basin. (d) The executive director shall notify the sponsor of the project, the agency of the signatory party, if any, reviewing the project, the governing body of each municipality and the planning agency of each county in which the project is located of his/her initial determination under this section. Notice to the sponsor shall be by certified mail, and to all other interested parties by regular, first class mail. At a cost to be assessed to the project sponsor, the executive director shall also publish in a newspaper of general circulation in that municipality, at least once, a notice of such determination. If no objection is made to the executive director's initial determination, it shall become final ten days after publication as set forth in this paragraph. (e) Any interested party objecting to the determination may, within ten days of the newspaper publication, object to such determination and appeal to the executive director by letter for reconsideration. Following such reconsideration, if requested, the executive director shall serve notice upon the agency of the signatory party, the applicant and each such objector of his/her determination. Any such party may appeal such final determination to the commission by notice in writing served upon the executive director within 14 days after the service of the executive director's decision upon reconsideration. The commission will determine such appeal at a regular meeting thereafter.
Title 18: Conservation of Power and Water Resources
PART 803—REVIEW AND APPROVAL OF PROJECTS
Subpart B—Application Procedure
§ 803.22 Request for determination.
