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other experts, as he may deem necessary or desirable, to incorporate in the record or support the administrative action, determination or decision which is the subject of the hearing.
(b) A party to the hearing may submit the testimony of an expert witness, to be made part of the record, whether or not the expert is present, provided that such testimony has been reduced to writing, sworn, and copies thereof distributed to all parties appearing at the hearing. Such testimony, however, shall not be admitted whenever the expert is not present and available for cross-examination at the hearing unless the testimony shall have been made available to all parties of record at least 5 days prior to the hearing and all parties have waived the right of cross-examination. § 401.65 Record of proceedings.
A record of the proceedings and evidence at each hearing shall be made by a qualified stenographer designated by the Executive Director. Where demanded by the applicant, objector, or any other person who is a party to these proceedings, or where deemed necessary by the hearing officer, the testimony shall be transcribed. Those instances where a transcript of proceedings is made, two copies shall be delivered to the Commission. The applicant, objector, or other persons who desire copies shall obtain them from the stenographer at such price as may be agreed upon by the stenographer and the person desiring the transcript. § 401.66 Findings and report.
The hearing officer shall prepare a report of his findings and recommendations. In the case of an objection to a waste load allocation, the hearing officer shall make specific findings of a recommended allocation of carbonaceous oxygen demand, which may increase, reduce, or confirm the Executive Director's determination. The report shall be served by personal service or certified mail (return receipt requested) upon each party to the hearing or its counsel unless all parties have waived service of the report. The applicant and any objector may file objections to the report within 20 days after the service upon him of a copy of the report. A brief shall be filed together with any objections. The report of the hearing officer together with objections and briefs shall be promptly submitted to the Commission. The Com
mission may require or permit oral argument upon such submission prior to its decision. $ 401.67 Action by the Commission.
The Commission will act upon the findings and recommendations of the hearing officer pursuant to law. The determination of the Commission will be in writing and shall be filed together with any transcript of the hearing, report of the hearing officer, objections thereto, and all plans, maps, exhibits, and other papers, records or documents relating to the hearing. Subject to the provisions of $ 401.56, all such records, papers, and documents may be examined by any person at the office of the Commission, and shall not be removed therefrom except temporarily upon the written order of the Secretary after the filing of a receipt therefor in form prescribed by the Secretary. Copies of any such records and papers may be made in the office of the Commission by any person, subject to such reasonable safeguards for the protection of the records as the Executive Director may require.
Subpart F-General Provisions § 401.71 Definitions.
For the purposes of this part, except as the context may otherwise require:
(a) All words and phrases which are defined by section 1.2 of the Compact shall have the same meaning herein.
(b) Words and phrases which are defined by Part I of the Administrative Manual (Section 1-3) shall have the same meaning for the purposes of this Part 401.
(c) “Application” shall mean a request for action by the Commission in any written form, including without limitation thereto, a letter, referral by any agency of a signatory party, or an official form prescribed by the Commission; provided that whenever an official form of application has been duly required, an application shall not be deemed to be pending before the Commission until such time as such form, together with the information required thereby, has been completed and filed.
(d) “Applicant” shall mean any sponsor or other person who has submitted an application to the Commission.
(e) "Sponsor" shall mean any person authorized to initiate, construct or administer a project. (29 F.R. 3568, Mar. 20. 1964. Redesignated, 33 F.R. 15338, Oct. 16, 1968]
§ 401.72 Supplementary details.
Forms, procedures and supplementary information, to effectuate these regulations, may be provided or required by the Executive Director as to any hearing, project or class of projects. [33 F.R. 15338, Oct. 16, 1968) $ 401.73 Waiver of rules.
The Commission may, for good cause shown, waive rules or require additional information in any case. (29 F.R. 3568, Mar. 20, 1964. Redesignated, 33 F.R. 15338, Oct. 16, 1968] $ 401.74 Construction.
This part is promulgated pursuant to section 14.2 of the Compact and shall be construed and applied subject to all of the terms and conditions of the Compact and of the provisions of section 15.1 of Public Law 87–328, 75 Stat. 688. (29 F.R. 3568, Mar. 20, 1964. Redesignated, 33 F.R. 16338, Oct. 16, 1968]
March 7, 1968, are hereby incorporated in and made a part of this part 410 in accordance with 5 U.S.C. 552(a) (1) and 1 CFR Part 20. The regulations apply to all waste dischargers, public and private, using the Delaware River or any of its tributaries making up the Delaware River Basin. Part I of the regulations comprises general definitions and interstate cooperation factors; Part II comprises new water quality standards adopted by the Commission on April 26, 1967; and Part III comprises the application of the new water quality standards, including determination of water uses, water quality criteria, efluent requirements, and enforcement procedures.
(b) The regulations and information about them may be obtained from the Delaware River Basin Commission, Post Office Box 360, Trenton, N.J. 08603. The regulations may be examined at State libraries in New Jersey, New York, Delaware, and Pennsylvania, and at the Library of Congress.
(c) The regulations may be amended from time to time by the Commission after due notice and public hearing. An official historic file of changes will be kept for public inspection in the offices of the Commission. (Article 5 and sec. 14.2, 75 Stat. 696, 708) (33 F.R. 6243, Apr. 24, 1968]
PART 410-BASIN REGULATIONS
WATER QUALITY § 410.1 Basin Regulations-Water Qual.
ity; incorporation by reference. (a) The provisions of the Basin Regulations-Water Quality adopted by the Delaware River Basin Commission on
CHAPTER IV-OFFICE OF WATER RESOURCES RESEARCH, DEPARTMENT OF THE
Part 501 502 503 504 505 506 507 508
PART 501-GENERAL Sec. 501.1 Purpose. 501.2 Office of Water Resources Research. 501.3 Definition of terms. 501.4 Allotments to institutes. 501.5 Programs of institutes. 501.6 Grants to institutes of matching
funds for specific projects. 501.7 Grants to, and contracts, matching or
other arrangements with entities
other than institutes. AUTHORITY: The provisions of this part 801 issued under sec. 104, 78 Stat. 331; 42 U.S.C. 1961a-4.
SOURCE: The provisions of this Part 501 appear at 29 F.R. 16188, Dec. 3, 1964, unless otherwise noted. 8 501.1 Purpose.
The regulations in this chapter are issued pursuant to the Water Resources Research Act of 1964 (Public Law 88379), which authorizes appropriations to, and confers authority upon, the Secretary of the Interior in order to promote a more adequate national program of water research.
8 501.2 Office of Water Resources Re
search. (a) The Office of Water Resources Research has been established as a component of the Department of the Interior. It reports to the Secretary of the Interior and is administered by a Director.
(b) The Secretary has delegated to the Director authority to take the actions and make the determinations that, under the Act, are the responsibility of the Secretary, except for determinations under section 303 of the Act, the issuance of regulations, reporting to the President, and reporting to the Congress. The Director has redelegated to the Associate Director the authority of the Director, to be exercised under his general administrative direction. $ 501.3 Definition of terms.
As used in this chapter, the term
(a) “Act” means the Water Resources Research Act of 1964 (Public Law 88379),
(b) "Allotment” means the funds made available to an institute in a particular fiscal year pursuant to section 100 of the Act and the regulations in this chapter,
(c) "Director" means the Director, Office of Water Resources Research,
(d) “Fiscal year” means a twelvemonth period ending on June 30,
(e) "Institute" means a water resources research institute, center, or equivalent agency established in accordance with provisions of Title I of the Act,
(f) “Scientists" including individuals in any professional discipline including individuals in the life, physical, or social sciences, and engineers,
(g) "Secretary” means the Secretary of the Interior or his authorized representative, and
(h) “State” includes each of the fifty States, and Puerto Rico. $ 501.4 Allotments to institutes.
(a) Subject to the availability of appropriated funds, an allotment of $75,000 in the first fiscal year, $87,500 in each of the second and third fiscal years, and $100,000 in each fiscal year thereafter will be available to each State to assist in establishing and carrying on the work of an institute.
(b) An institute must be identified with a college or university in a State, unless two or more States cooperate in the designation of a single interstate or regional institute, in which event the sums assignable to all of the cooperating States shall be paid to such institute.
(c) An institute, as authorized by appropriate State authority, may, and is encouraged to, arrange with other colleges and universities within the State to participate in the institute's work. Such participation will not make the other colleges and universities ineligible for assistance under section 200 of the Act.
(d) Prior to receiving an allotment, each institute must meet certain qualifications prescribed in the Act and the regulations in this chapter. $ 501.5 Programs of institutes.
(a) It shall be the duty of each institute to plan and conduct or arrange for a component or components of the college or university with which it is identified to conduct
(1) Competent research, investigations, and experiments of either a basic or practical nature, or both, in relation to water resources, and
(2) Training of scientists through such research, investigations, and experiments.
(b) Such research, investigations, experiments, and training may include, without being limited to:
(1) Aspects of the hydrologic cycle,
(3) Conservation and best use of available supplies of water,
(4) Methods of increasing such supplies, and
(5) Economic, legal, social, engineering, recreational, biological, geographic, ecological, and other aspects of water problems.
(c) Institutes shall give due regard to:
(1) The varying conditions and needs of the respective States,
(2) Water research projects being conducted (or supported) by agencies of the Federal and State governments, the agricultural experiment stations, and others,
(3) Advice and assistance as provided by the Director pursuant to section 104 of the Act.
(4) Coordination of their programs with programs of other institutes and agencies, and
(5) Avoidance of any undue displacement of scientists elsewhere engaged in water resources research.
(d) An institute may also plan for research, investigations, and experiments to be conducted as part of the institute's program at colleges and universities other than the college or university with which the institute is identified. For purposes of financial management, reporting, and other research program management and administration activities, the institute shall be responsible for performance of the activities of other participating colleges and universities. The activities of participating colleges and universities must meet all of the requirements (such as scope of work, qualifications, coordination with other research) that are applicable to other portions of an institute's program. $ 501.6 Grants to institutes of matching
funds for specific projects. (a) Section 101 of the Act provides for grants to institutes with the condition that such grants be matched on not less than a dollar-for-dollar basis with funds from States or other non-Federal sources. Appropriations are authorized in the following amounts:
4,000,000 1969 and each following year.-- 5, OCO, 000
(b) Subject to the availability of appropriations, such matching grants may be made to provide funds to meet the necessary expenses of specific water resources research projects, including the expenses of planning and coordinating regional water resources research projects by two or more institutes, if the projects for which such grants are sought
(1) Could not otherwise be undertaken were it not for the Federal grant, and
(2) Are approved by the Director on the basis of
(i) Merit of the project,
(ii) Need for the knowledge it is expected to produce when completed, and
(iii) The opportunity it provides for the training of scientists. $ 501.7 Grants to, and contracts, match
ing or other arrangements with enti
ties other than institutes. (a) Grants, contracts, matching or other arrangements may be made, pursuant to section 200 of the Act, for research into any aspects of water problems related to the mission of the Department of the Interior that are not otherwise being studied, when such research is deemed desirable by the Director.
(b) Subject to the availability of appropriated funds, such grants may be made to, or contracts, matching or other arrangements made with, any of the following:
(1) Educational institutions (other than those establishing institutes under Title I of the Act),
(2) Private foundations,
SOURCE: The provisions this Part 502 appear at 29 F.R. 16189, Dec. 3, 1964, unless ctherwise noted. § 502.1 Initial allotment.
In order to obtain an initial allotment, an institute should submit to the Director, Office of Water Resources Research, Department of the Interior, Washington, D.C., 20240, a request (in six copies) containing the following information:
(a) Evidence that the institute conforms to the requirements of subsection 100(a) of the Act in that
(1) The institute has been established at the college or university in the State that was established in accordance with the Act of July 2, 1862 (12 Stat. 503) or, if established at some other institution, the institute is at a college or university that has been designated by act of the legislature of the State for the purposes. of section 100 of the Act, or
(2) If there is in the State more than one college or university established in accordance with the Act of July 2, 1862 and no designation has been made by act of the legislature of the State for the purposes of section 100 of the Act, the institute has been established at the one such college or university designated by the Governor of the State to receive the allotment, or
(3) The institute has been designated as an interstate or regional institute by two or more States in cooperation as provided by section 100 of the Act.
(b) Evidence of the appointment by the governing authority of the institute of an officer to receive and account for all funds paid under the provisions of the Act and to make annual reports to the Director on work accomplished and the status of projects under way, together with a detailed statement of the amounts received under any provision of the Act during the preceding fiscal year, and of its disbursement, on schedules prescribed by the Secretary.
(c) Evidence that the institute has plans for, and will conduct or arrange for a component or components of the college or university with which it is identified to conduct
(1) Competent research, investigations, and experiments of either a basic or practical nature, or both, in relation to water resources, and
(2) The training of scientists through such research, investigations, and experiments.
PART 502--REQUESTS FOR ALLOT
MENTS TO INSTITUTES Sec. 502.1 Initial allotment. 502.2 Allotments after first fiscal year.
AUTHORITY: The provisions of this part 502 issued under sec. 104, 78 Stat. 331; 42 U.S.C. 1961a-4.