6. If application is for review by the commission of the report or recommendations of the executive secretary or other officer of the commission, or of the provisions of any proposed order, finding, or decision, the petition therefor must specify the statements of fact or conclusions of law or of policy to which exception is taken. If exception is taken to any statement of fact, reference must be made to the page or pages of the record relied upon. If exception is taken upon matters of law or conclusions, the points relied upon must be stated separately and clearly. If petition is for modification of any report, recommendation, order, finding, or decision, it shall indicate by reference or by quotation the specific sections or paragraphs the modification of which is desired, and shall set forth the text of the proposed sections or paragraphs as thus modified. If the petition is by some one not a party to the original proceedings, the petition shall state specifically and concisely the interest claimed by the petitioner in such report, recommendation, order, finding, or decision, as the case may be.

7. Review by the commission may be on brief without oral argument or on oral argument. If on brief only, the grant of the petition will specify the period within which such briefs must be submitted; and the case will not require docketing.

8. In all cases where petitions for rehearing, or reargument, or reconsideration have been granted, the executive secretary or other officer of the commission, as the case may be, will review his original report, recommendation, and/or action, in the light of any new evidence submitted or of any new arguments advanced, and in case of reports and recommendations to the commission will make his final conclusions public for a specified period before submission to the commission for its action. If during such period a petition for review by the commission of such a report, recommendation, or action is filed with and granted by the commission, the case will be placed on the "review docket."

XI. APPLICATIONS FOR PERMITS AND LICENSES AND AMENDMENTS THEREOF

1. Applications for permits or licenses may be filed with the commission at Washington, D. C., or with any of its field representatives,* who will forward them to the commission at Washington.

2. The form and content of applications shall be as prescribed in regulations 2 to 6, inclusive, of the rules and regulations of the commission. Applications, upon receipt, will be examined to determine whether or not they conform to the requirements of the regulations.

The district engineers of the Engineer Department, U. S. Army; of the U. S. Forest Service; and of the U. S. Geological Survey act as field representatives of the commission.

(See sec. 3 of regulation 2.) If not, applicants will be informed of the respect in which the applications are incomplete.

3. When an application which is complete and in proper form is received in the commission's office, it will be given a filing number, receipt thereof will be acknowledged to the applicant, and public notice will be given in accordance with the requirements of section 4 (e) of the act. Notice will also be given to the General Land Office as to the public lands affected, if any, so that withdrawals from entry may be made under the provisions of section 24 of the act.

4. Applications received in the office of the commission in Washington will be referred to the appropriate field representatives of the commission for investigation and report. In general, applications affecting navigable waters of the United States or reservations of the War Department will be transmitted to the Chief of Engineers, United States Army; applications involving national-forest lands to the Forester, United States Forest Service; and all other applications to the Director of the United States Geological Survey, for investigation by appropriate representatives in the field.

5. Field representatives of the commission are authorized, upon the request of any party in interest, or upon their own initiative, to conduct hearings upon any application when desirable for the purpose of developing information to be used in preparing their reports and recommendations. All such hearings will be public and will be held at such time and place as the representatives of the commission may fix. Stenographic transcript or notes shall be forwarded with the report to the commission. In special cases local hearings may be conducted by an officer or employee of the commission. The general procedure prescribed for hearings conducted by members or officers of the commission shall apply to field hearings with such modification as the presiding officer may consider desirable to accomplish most effectively all of the purposes of the hearing.

6. Field representatives of the commission will make an examination of the site or areas involved in any application for permit or license, will secure all available data bearing upon the application, and will combine such data and the results of their examination and hearings into a formal written report which shall embody their recommendations respecting the action to be taken on the application. Applications for permits or licenses which do not involve lands or other property of the United States will be examined and reported upon as declarations of intention, and such reports will be included in the principal report or transmitted separately as circumstances warrant. The report and recommendations will be forwarded to the executive secretary of the commission by the Chief of Engineers, the Forester, or the Director of the United States Geological Survey, as

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the case may be, who may supplement or modify the report or recommendations of the field representative.

7. If upon the receipt in the offices of the commission of the application and the reports thereon it appears desirable to hold further hearing for the purpose of securing additional information, or if a petition for such a hearing is submitted and granted, the case will be placed upon the "hearings docket" and will thereafter be taken up in the order in which appearing on such docket, unless, for good cause shown, the case is advanced for hearing or is postponed. At the time of giving of public notice, copies of the application and of pertinent parts of the reports or recommendations will be made. public.

8. When in accordance with commission's Orders, No. 27,5, or otherwise, applications for license involve the determination, prior to action upon such application, of preliminary or prelicense costs, or costs of constructed projects, such determination may proceed concurrently with the field examination and reports on the application, and the procedure with respect to such determination will be as provided in section XV hereof. In cases where hearings will be required upon both determination of project costs and other matters affecting the issuance of license, such hearings will be consolidated when practicable, and the date of placing the case upon the "hearings docket" will have such purpose in view.

9. When hearings have been completed the procedure thereafter shall be as prescribed in section X hereof.

10. Before presentation to the commission for final action approval by the Chief of Engineers and the Secretary of War of the plans of the dam or other structures affecting navigation, as required by section 4 (d) of the act, will be obtained.

11. Except to the degree deemed desirable in specific cases the general procedure herein provided for application for permits and licenses will not apply to applications for licenses for minor parts of complete projects, or for complete projects of not more than 100 horsepower capacity (see sec. 10 (i) of the act), or for amendments of such licenses.

12. Applications for amendments of permits or licenses may be filed with the commission at Washington, D. C., or with the field representative of the commission charged with supervision of operations under the permit or license affected. Applications for amendment shall follow the form prescribed for original applications as far as applicable.

13. If an application for amendment of permit embraces sites or areas not covered by the original permit, public notice of such appli

5 See p. 62 hereof.

cation will be given in the manner required for the original application. Field investigations, the preparation and submission of reports and recommendations, and consideration by the commission will conform to the general procedure for applications for permits or licenses; but except as deemed desirable in specific cases, such general procedure will not apply to applications for amendments of permits not involving new sites or areas.

14. If an application for amendment of license is of such chararacter as to constitute an alteration of the license within the meaning of section 6 of the act, public notice of such application will be given as required by said section by an advertisement made at least 90 days prior to action upon the application, such notice to be inserted in a newspaper of general circulation published in the vicinity of the project. Field investigations, the preparation and submission of reports and recommendations, and consideration by the commission will conform to the general procedure for application for permits or licenses; but except as deemed desirable in specific cases such general procedure will not apply to applications for amendment of licenses not involving alteration thereof within the meaning of section 6 of the act.

15. When final action has been taken by the commission, permit or license, or amendment thereof, if the application in original or modified form has been approved, will be issued by the executive secretary, or, in his absence, by the chief engineer or other officer authorized to act, and the applicant will be notified in a letter of transmittal as to the office and address of the field representative of the commission designated to supervise the operations to be conducted under authority of the permit or license.

XII. DECLARATIONS OF INTENTION

1. Declarations of intention shall be filed at the offices of the commission in Washington and shall conform to the requirements of regulation 7 of the rules and regulations of the commission. All declarations of intention, when filed in satisfactory form, will be referred to the Chief of Engineers for field investigation and report, under such specific instructions, if any, as the commission may deem desirable.

2. Applications for permit or license not involving lands or other property of the United States will also be treated as declarations of intention, and the question of the jurisdiction of the commission will be determined prior to or concurrently with action upon the

See decision of the commission on Alterations of Licenses, p. 223, third annual report, also p. 36 hereof.

See decision of the commission, Declarations of Intention-Formal Requisites, p. 149, seventh annual report; also p. 40 hereof.

application for permit or license. If in the case of such an application the commission shall find that the proposed construction will not affect the interests of interstate or foreign commerce, the application will be rejected as not within the jurisdiction of the commission.

3. As in the case of applications for permits and licenses, representatives of the commission conducting field investigations are authorized upon request or upon their own initiative to hold hearings on declarations of intention. Such hearings will conform to the same procedure as hearings by such officers upon applications for permits and licenses.

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4. Field representatives of the commission will make examination of the streams involved in each declaration of intention, will prepare formal report upon whether the streams at the sites involved are "navigable waters" within the definition of section 3 of the act; & or if not navigable waters, or if the status of the stream in this respect is doubtful, whether the construction or operation of the project would affect the interests of interstate or foreign commerce. Reports of field investigations of declarations of intention should embody all available data respecting actual navigation upon the streams in question, their capacity for navigation, and the probable or possible effects of the proposed construction upon interstate and foreign commerce. The report, with recommendations and record of any public hearing, will be forwarded to the Chief of Engineers, who, before forwarding it to the commission, will add to or modify the report of the field representatives as he may deem desirable.

5. After receipt in the office of the commission of the report and recommendations the procedure with respect to further hearing, to the preparation and submission of reports and recommendations, and to consideration by the commission, will be identical with the procedure provided for applications for permits and licenses and amendments thereof.

6. When final action has been taken by the commission, certificate of such action will be issued by the executive secretary, or in his absence by the chief engineer or other officer authorized to act.

XIII. APPLICATIONS FOR RESTORATION TO ENTRY OF LANDS IN POWER-SITE RESERVES

1. Immediately upon the receipt of an application for permit or license which would affect public lands, the executive secretary will notify the Commissioner of the General Land Office of the date of filing of the application and of the location and designation of the public lands involved, transmitting copies of the notice to the local

8 See p. 66 hereof.