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USDA/FS RIN: 0596-AC42 Publication ID: Fall 2009 
Title: Resource Agency Procedures for Conditions and Prescriptions in Hydropower Licenses  
Abstract: The Energy Policy Act of 2005 (Pub. L. 109-58) contains provisions requiring a trial-type hearing to resolve disputed issues of material fact related to mandatory conditions and prescriptions required under the issuance of a Federal hydropower license. The law also mandates that the Agency consider alternatives to proposed mandatory conditions and prescriptions. This law charges agencies requiring mandatory conditions and prescriptions with the promulgation of new regulations by November 7, 2005, to provide the regulatory framework to implement the trial-type hearing process. The U.S. Department of Agriculture, acting through the Forest Service, is one of the agencies required under the Act to provide a trial-type hearing and issue an implementing regulation. To meet the statutory deadline, the U.S. Department of Agriculture, along with the U.S. Departments of the Interior and Commerce, issued a joint interim final rule. The Department of the Interior is the lead agency in this effort. The Forest Service adopted an interim final rule at 7 CFR part 1, establishing a trial-type hearing procedure to resolve disputed issues of material fact related to mandatory conditions and prescriptions required under the issuance of a Federal hydropower license. The interim final rule also provides a process for the filing of proposed alternative conditions and prescriptions. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 1   
Legal Authority: PL 109-58   
Legal Deadline:
Action Source Description Date
Final  Statutory    11/07/2005 

Overall Description of Deadline: Public Law 109-58 charges agencies requiring mandatory conditions and prescriptions with the promulgation of new regulations by November 7, 2005, to provide the regulatory framework to implement a trial-type hearing process.

Timetable:
Action Date FR Cite
Interim Final Rule  11/17/2005  70 FR 69804   
Interim Final Rule Comment Period End  01/17/2006    
Final Action  12/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lorrie Parker
Regulatory Analyst
Department of Agriculture
Forest Service
ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-6560
Fax:202 260-6539
Email: lsparker@fs.fed.us