Department of Defense (DoD) Clearinghouse Review Process for Energy Projects

The Department of Defense (DoD) manages its engagement with energy developers through the Military Aviation and Installation Assurance Siting Clearinghouse, as outlined in Title 10 U.S. Code, Section 183a. This process begins with informal coordination before transitioning to the FAA’s Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) process.

Early On: Informal Review

Step 1: Informal Filing

The Informal Review is a voluntary, early-stage evaluation that helps developers identify potential conflicts with military operations before formal FAA review. Early engagement can prevent delays and facilitate resolution of national security concerns.

Capitol Airspace Group can initiate this review by submitting project details (location, height, etc.) to the Clearinghouse. Your protects information can be marked as “Proprietary” or “Business Sensitive” so that it is not released to the public.

Within two months, DoD will respond with one of the following:

No adverse impact: Project poses no conflict.
Minor adverse impact: No mitigation required.
Adverse impact: DoD identifies affected missions and provides points of contact (POCs) for further discussion.

This review is non-binding and does not replace the formal OE/AAA process.

Step 2: Informal Engagement

If adverse impacts are identified during the informal review, the DoD will provide a point-of-contact for direct engagement. Capitol Airspace Group facilitates these discussions to explore mitigation options and reduce future delays.

File with the FAA: Initiate Formal Review

Step 1: Formal FAA Filing

Since DoD lacks authority over projects outside its installations, concerns regarding the potential to impact military operations are formally addressed when your project is filed with the FAA. Capitol Airspace supports clients with airspace analysis and military training route studies to avoid surprises that can cause significant delays.

Step 2: Notice of Presumed Risk (NPR)

If DoD anticipates adverse impacts, it issues an NPR and begins formal engagement with the developer. The Clearinghouse also notifies the state governor and assigns a Military Department to lead the process. The developer is invited to join a Mitigation Response Team (MRT) to explore feasible solutions.

Step 3: Mitigation Response Team (MRT)

The MRT meets to discuss national security concerns and potential mitigations. Capitol Airspace Group has guided clients through over 100 MRTs and will help prepare and participate in meetings. Common project mitigation strategies include:

Modifications to wind turbine location or height
Radar optimization
Curtailment in event of a national security emergency
Security reviews for vendors

Step 4: Mitigation Agreement

Once a solution is found, it is typically formalized in a Mitigation Agreement, often valid for a three-year construction window. Capitol Airspace assists in discussions and offers guidance to ensure the agreement maintains flexibility in construction planning.

Step 5: FAA Determination

The process concludes with the FAA’s final determination. Capitol Airspace ensures all issues are resolved and guides you through any remaining requirements before or after construction.

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