The Formal Review Process

The Clearinghouse leads a formal review process that clears most projects within the timeframe allowed by Title 10 Section 183a. For the small number of projects with potential impacts, the Mitigation Response Teams (MRTs) work with Federal agencies, states, local, and Tribal governments, developers, and landowners to mitigate concerns.

The Clearinghouse conducts formal reviews of all energy projects filed in the Federal Aviation Administration (FAA) Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) process.

Formal Review Process

Risk Mitigation Process:
  • The Clearinghouse issues a Notice of Presumed Risk to the applicant. The Notice describes concerns identified by the Military Department and requests a discussion of possible mitigation actions with the developer.
  • The Clearinghouse also notifies the governor of the state in which the project is located and requests that the governor provide relevant comments. The Secretary of Defense considers these comments when determining if the project presents an unacceptable risk. The governor’s comments are included in the final determination sent to the Secretary of Transportation.
  • The Clearinghouse brings together a Mitigation Response Team (MRT) made up of representatives from impacted DOD agencies. The MRT oversees a detailed analysis to determine if the proposed project presents a risk to national security. If risks are identified, the MRT will work with the developer to explore potential mitigation options to minimize adverse impacts. Mitigation can include modifications to radar, operations, or mission activities. Alternatively, the developer may modify the project location, or provide technical solutions to impacts.