Laserfiche WebLink
C <br /> ADR shall mean the alternative dispute resolution procedure set forth in section 5 of this <br /> Settlement Agreement. <br /> CWA shall mean the Clean Water Act,33 U.S.C. §§ 1251 et seq. <br /> CZMA shall mean the Coastal Zone Management Act, 16 U.S.C.§§ 1451 to 1465. <br /> CZMA Consistency Determination shall mean a Coastal Zone Management Act <br /> Determination issued by WDOE,pursuant to authority under the CZMA. <br /> Disputing Party or Disputing Parties shall mean any Party providing Notice of an <br /> objection or dispute,any Party alleged to have not performed an obligation,and any other <br /> Party that provides Notice of its intent to participate in the dispute resolution. <br /> Effective Date shall mean the date set forth in section 1.1 of this Settlement Agreement. <br /> ESA shall mean the Endangered Species Act, 16 U.S.C. §§ 1531 et seq. <br /> FERC shall mean the Federal Energy Regulatory Commission. <br /> FPA shall mean the Federal Power Act, 16 U.S.C. §§ 791a et seq. <br /> Licensee shall mean the District. <br /> Magnuson-Stevens Act shall mean the Magnuson-Stevens Fishery Conservation and <br /> Management Act, 16 U.S.C.§ 1801 et seq. <br /> Mandatory Terms and Conditions shall mean conditions submitted to FERC under <br /> Section 4(e)or Section 18 of the FPA, 16 U.S.C.§§797(e),811. <br /> Material Modification shall mean: (i)any modification(including additions to or <br /> deletions)from the Proposed License Articles;(ii)FERC's expansion of the Project <br /> boundary which results in the inclusion of the City of Everett's Lake Chaplain Tract <br /> within the Project boundary;provided,that such modification(s),individually or <br /> collectively,substantially affect a Party's bargained-for benefits under this Settlement <br /> Agreement,including but not limited to costs;power generation;regulatory <br /> responsibilities;or resource protection measures. <br /> Material Modification shall not mean any modification which does not meet the above <br /> definition,including(but not limited to)the following examples: (i)the inclusion of <br /> standard articles from the L-Form(as defined by 18 C.F.R.§2.9)in the New Project <br /> License;(ii)FERC's insertion of its approval or its reservation of authority to require <br /> changes to implementation schedules or plans set forth in any Proposed License Article; <br /> (iii)FERC's requirement to file a subsequent license amendment to implement any <br /> Proposed License Article;(iv)FERC's removal of language in any of the Proposed <br /> License Articles that sets forth the rationale for the article,provided there are no changes <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-5 <br /> 43 <br />