Page:United States Statutes at Large Volume 122.djvu/3774

 12 2 STA T .375 1 PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8‘ ‘ b.TheOrig i nat ing P art y’s Te c hnica lR e v ie w shall th o r - o u ghly analy z e the Pro p osal an d provide an evaluation o f the Proposal sufficient for a deter m ination of whether the Proposal meets the S tandard of Review and D ecision. ‘‘c. A ny member of the Regional B ody may conduct their own Technical Review of any Proposal sub j ect to Regional Review. ‘‘d. At the re q uest of the majority of its members , the Regional Body shall ma k e such arrangements as it considers appropriate for an independent Technical Review of a Proposal. ‘‘e. All Parties shall e x ercise their best efforts to ensure that a Technical Review undertaken under Sections 4 . 5 .4.c and 4.5.4.d does not unnecessarily delay the decision by the Originating Party on the Application. U nless the Applicant or the Originating Party otherwise requests, all Technical Reviews shall be completed no later than 60 days after the date the notice of the Proposal was given to the Regional Body. ‘‘5. Declaration of F inding. ‘‘a. The Regional Body shall meet to consider a Proposal. The Applicant shall be provided with an opportunity to present the Proposal to the Regional Body at such time. ‘‘b. The Regional Body, having considered the notice, the Originating Party’s Technical Review, any other independent Technical Review that is made, any comments or objections including the analysis of comments made by the public, First N ations and federally recognized Tribes, and any other informa- tion that is provided under this C ompact shall issue a Declara- tion of Finding that the Proposal under consideration

‘‘i. M eets the Standard of Review and Decision ‘‘ii. Does not meet the Standard of Review and Decision; or, ‘‘iii. W ould meet the Standard of Review and Decision if certain conditions were met. ‘‘c. An Originating Party may decline to participate in a Declaration of Finding made by the Regional Body. ‘‘d. The Parties recognize and affirm that it is preferable for all members of the Regional Body to agree whether the Proposal meets the Standard of Review and Decision. ‘‘e. I f the members of the Regional Body who participate in the Declaration of Finding all agree, they shall issue a written Declaration of Finding with consensus. ‘‘f. In the event that the members cannot agree, the Regional Body shall make every reasonable effort to achieve consensus within 2 5 days. ‘‘g. Should consensus not be achieved, the Regional Body may issue a Declaration of Finding that presents different points of view and indicates each Party’s conclusions. ‘‘h. The Regional Body shall release the Declarations of Finding to the public. ‘‘i. The Originating Party and the Council shall consider the Declaration of Finding before making a decision on the Proposal. ‘ ‘ Section4.6 . Pr o p o sal sS ubj ect to Prior N otice. ‘‘ 1 . Beginning no later than five years of the effective date of this Compact, the Originating Party shall provide all Parties Ef f ectiv e da te .D ead l i n e s . Deadline.

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