§ 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).
*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: ( 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.