Industries
Licensing
Project Comparison Chart
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| Conduit Exemption | 5-MW Exemption | License | |
|---|---|---|---|
| Installed Capacity Limitations | 15 MW or less (for non-municipality) 40 MW or less (for a municipality) |
5 MW or less | Unlimited |
| Location Limitations in Addition to Off-Limits Sites | Must be located on a conduit used for agricultural, municipal, or industrial consumption
Cannot be located on federal lands Cannot be located at an impoundment |
Must be located at an existing dam or natural water feature Cannot be located at a dam owned or operated by the federal government |
|
| Ownership Limitations | Must have all real property rights necessary to develop and operate the project or an option to obtain such interests
Proof of ownership required at time of filing the application |
If located on private lands, must have all real property rights necessary to develop and operate the project or an option to obtain such interests Proof of ownership required at time of filing the application |
Proof of ownership not required at time of filing the application; power of eminent domain may be conferred by section 21 of the FPA, 16 U.S.C. § 814 |
| Term Limitations | Issued in perpetuity | Issued in perpetuity | Up to 50 years for license |
| May be Subject to the Following Mandatory Conditions | Federal and state fish and wildlife conditions under section 30(c) of the FPA, 16 U.S.C. § 823a(c) | Federal and state fish and wildlife conditions under section 30(c) of the FPA, 16 U.S.C. § 823a(c) | Federal reservation conditions under section 4(e) of the FPA, 16 U.S.C. § 797(e) Fishway prescriptions under section 18 of the FPA, 16 U.S.C. § 811 |
| Consultation Requirements | 3-stage consultation required under 18 C.F.R. § 4.38 With concurrence from all resource agencies, the applicant may seek waiver of the consultation requirements under 18 C.F.R. § 4.38(e) |
3-stage consultation required under 18 C.F.R. § 4.38 With concurrence from all resource agencies, the applicant may seek waiver of the consultation requirements under 18 C.F.R. § 4.38(e) |
Integrated Licensing Process (ILP) required under 18 C.F.R § 5 If waiver of ILP regulations was sought under 18 C.F.R. § 5.1(f), and granted, then 3-stage consultation required under 18 C.F.R. § 4.34(i) for the Alternative Licensing Process or 18 C.F.R. § 4.38 for the Traditional Licensing Process With concurrence from all resource agencies, the applicant may seek waiver of the consultation requirements under 18 C.F.R. § 4.38(e) |
| Preparation of Environmental Document | Categorically exempt from preparing an environmental document under 18 C.F.R. § 380.4(a)(14) unless determined necessary | Prepared consistent with NEPA | Prepared consistent with NEPA |
| Project Boundary | Includes powerhouse and connection to conduit (excludes the transmission line and the conduit itself). | Includes all associated lands and facilities, such as the powerhouse, dam, impoundment, transmission line, and any lands that fulfill a project purpose (e.g., recreation, resource protection, and access roads). | Includes all associated lands and facilities, such as the powerhouse, dam, impoundment, transmission line, and any lands that fulfill a project purpose (e.g., recreation, resource protection, and access roads). |
| Filing Fees | None | None | None |
| Annual Charges | Currently projects up to 1.5 MW not charged | Currently projects up to 1.5 MW not charged | Currently projects up to 1.5 MW not charged |
| Implementing Statutes | FPA section 30(c). 16 U.S.C. § 823a | Public Utility Regulatory Policies Act (PURPA) sections 405 and 408.
16 U.S.C. §§ 2705 and 2708 |
FPA sections 4 thru 27 16 U.S.C. §§ 797-821 |
| Application Regulations | 18 C.F.R. §§ 4.90-4.96 | 18 C.F.R. §§ 4.101-4.108 | 18 C.F.R. § 5 (Integrated Licensing Process)
18 C.F.R. §§ 4.30-4.61(Traditional Licensing Process) 18 C.F.R. § 4.34(i) (Alternative Licensing Process) |
For a narrative description of the project types, see: Conduit Exemption, 5-MW Exemption, and License.



