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DOD Military Mission Impact Process

Submitted by patrick.connor… on
Responsible Agency/Bureau
Project Type
All
Activity/Trigger
Developer files action with FAA or contacts DoD Siting Clearinghouse for a preliminary review. An informal review of an energy project begins when the Clearinghouse receives a submitted request from another Federal agencies, a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project or antenna structure project.
Description

In seeking an informal DoD review, the requester is encouraged to provide as much additional information as is available. The more information provided by the requester, the greater the accuracy and reliability of the resulting DoD review.  The Clearinghouse will coordinate with all relevant DoD Components. Not later than 50 days after receiving the request from the requester, the Clearinghouse will evaluate all comments and recommendations received and take one of three actions: (i) Determine that the project will not have an adverse impact on military operations and readiness, in which case it shall notify the requester of such determination.  (ii) Determine that the project will have an adverse impact on military operations and readiness but that the adverse impact involved is sufficiently attenuated that it does not require mitigation.  (iii) Determine that the project will have an adverse impact on military operations and readiness.  (A) When the requester is the project proponent, the Clearinghouse shall immediately— (1) Notify the requester of the determination and the reasons for the conclusion of the Clearinghouse and advise the requester that the DoD would like to discuss the possibility of mitigation to reduce any adverse impact; and (2) Designate one or more DoD Components to engage in discussions with the requester to attempt to mitigate the adverse impact.  (B) When the requester is a State, Indian tribal, or local official or a landowner, notify the requester of the determination and the reasons for that conclusion.  The informal review by the DoD does not constitute an action under 49 U.S.C. 44718 and neither the DoD nor the Secretary of Transportation are bound by the determination made under the informal review.

Statute/Regulations
Title 10 USC 183a, Military Aviation and Installation Assurance Clearinghouse for Review of Mission Obstructions; DoD Mission Compatibility Evaluation Process, 32 CFR § 211.7 Initiating an informal DoD review of a proposed project.
Editorial Category