IMPLEMENTATION AND MANAGEMENT OF THE DODMISSION COMPATIBILITY EVALUATION PROCESS
|Publication Date:||31 August 2018|
Purpose: In accordance with the authority in DoD Directive 5134.01, this issuance establishes policy, assigns responsibilities, and prescribes procedures pursuant to Section 358 of Public Law 111-383 (referred to in this issuance as "Section 358") and guidance in the July 15, 2011, Secretary of Defense Memorandum to:
• Establish a central DoD Siting Clearinghouse (referred to in this issuance as the "Clearinghouse") for the evaluation of the projects described in this purpose.
• Implement and manage a mission compatibility evaluation process for proposed projects that are:
o Referred to the DoD by the Secretary of Transportation in conjunction with studies required pursuant to Section 44718 of Title 49, United States Code (U.S.C.);
o Submitted to the DoD for informal review pursuant to Part 211 of Title 32, Code of Federal Regulations (CFR); or
o Submitted to the Clearinghouse by, or through, the DoD Components or another federal department or agency.
• Provide supplementary guidance to the process established in Part 211 of Title 32, CFR.
• Identify advocates within the DoD for technologies and techniques to mitigate the impact of proposed projects on military operations and readiness
APPLICABILITY. This issuance applies to:
a. OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the United States element of the North America Aerospace Defense Command (NORAD), the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this issuance as the "DoD Components").
b. An application concerning an energy project filed under the Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) process, or which may be filed with the Secretary of Transportation pursuant to Section 44718 of Title 49, U.S.C., for which:
(1) A request for an informal review has been received from a State government, an Indian tribe government, a local government, a landowner, or the developer of an energy project pursuant to Section 211.7 of Title 32, CFR.
(2) A request for a formal review has been received by the DoD from the Secretary of Transportation, through the Federal Aviation Administration (FAA), pursuant to Section 211.6 of Title 32, CFR.
c. The planned construction of a new structure, or the modification of an existing structure associated with an energy project in the United States for which one of the following apply:
(1) A Military Department has requested that the Clearinghouse conduct a DoD-wide review of a proposed energy project, to include bulk electric system transmission lines, on a military installation.
(2) A federal agency has submitted to the DoD for review a proposed energy project, to include bulk electric system transmission lines on Bureau of Land Management (BLM)- administered public lands not withdrawn for military use.
(3) The Federal Energy Regulatory Commission (FERC) has submitted to the DoD for review a proposed liquefied natural gas (LNG) terminal or bulk electric system transmission line that falls within FERC's backstop authority.
(4) The Bureau of Ocean Energy Management (BOEM) has submitted to the DoD a proposed commercial development lease, with a plan for construction and operation of an energy project on the Outer Continental Shelf.
(5) The Army Corps of Engineers has referred a proposed energy project to the Clearinghouse for review. The proposed energy project, which includes an application for an individual permit or a pre-construction notification for a general permit:
(a) Was submitted to the Army Corps of Engineers pursuant to either Section 1344 of Title 33, U.S.C. (also known as Section 404 of the Federal Water Pollution Control Act, which is also known as the Clean Water Act), or Section 403 of Title 33, U.S.C., also known as Section 10 of the Rivers and Harbors Act of 1899; or
(b) Has the potential to adversely affect military operations and readiness.
(6) The DoD has become aware of a proposed energy project or bulk electric system transmission line on public or private land that may have an adverse impact on military operations and readiness.
(7) A federal agency outside the DoD has submitted for review, to any DoD Component, a proposal for a bulk electric system transmission line that crosses a military installation and does not meet the criteria for review in accordance with Part 211 of Title 32, CFR.
(8) Presidential Permitting actions.