The Energy Policy Act of 2005 (EPAct)

EPAct changed the existing NMFS procedures for reviewing hydropower licensing projects under FPA. EPAct requires the Departments of Commerce, the Interior, and Agriculture to conduct trial-type hearings for disputed issues of material fact raised by the permit applicant or other parties involved in the project concerning the Departments’ FPA prescriptions and conditions. It also created a new opportunity for interested parties to submit proposed alternatives to the Departments' conditions and prescriptions, which triggers a requirement for the Departments to analyze the effects of their prescriptions and conditions and all submitted alternatives on non-resource related issues (e.g., energy supply, water supply, flood control, air quality).