Presumption.
Presumption.
(1) If, between the Commission's initial and final findings on the AEE petition, the State does not take any action under § 292.208(b)(2), the failure to take action can be the basis for a presumption that there is not substantial adverse effect on the environment (as that term is defined in § 292.202(q)).
(2) If the presumption in paragraph (k)(1) of this section comes into effect, it:
(i) Is only available for those adverse effects related to the natural, recreational, cultural, or scenic attributes of the environment;
(ii) Can only operate during the time between the Commission's initial and final findings on the AEE petition; and
(iii) Has no affect on the Commission's independent obligation to find that the project will not have a substantial adverse effect on the environment under § 292.208(b)(1).
(3) The presumption in paragraph (k)(1) of this section does not take effect if the State, the Commission or an interested person demonstrates that the State has acted to protect the natural watercourse under § 292.208(b)(2).
(4) The presumption in paragraph (k)(1) of this section can be rebutted if:
(i) The Commission determines that the project will have a substantial adverse effect on the environment related to the environmental attributes listed in paragraph (k)(2)(i) of this section; or
(ii) Any interested person, including a State, demonstrates that the project will have a substantial adverse effect on the environment related to the environmental attributes listed in paragraph (k)(2)(i) of this section.