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Permit Overview <p> The Integrated Licensing Process (ILP) was adopted in 2003 in order to integrate the development of a [[Federal Energy Regulatory Commission]] (FERC) licensing application under the [[Federal Power Act]] and environmental review under the [[National Environmental Policy Act]] (NEPA) and other environmental requirements. The purpose of ILP is to provide an efficient and timely licensing process that ensures appropriate resource protections through coordination of FERC’s processes with those of other federal and state agencies and Indian tribes that have authority to condition FERC licenses. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.1(e)]]. ILP is the default process for any hydropower licensing proceeding beginning after July 23, 2005. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.1(f)]]. Under the ILP, FERC and other agencies cooperate in the preparation of the necessary environmental document. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.1(e)]]. Agencies potentially impacted by the project may attach conditions and prescriptions to the FERC license through specific procedures. The Office of Energy Projects within FERC carries out the licensing process. </p> Overview of the permit or section being discussed.

Flowchart Narrative ==7-FD-k.1 - Notice of Intent and Pre-Application Documents== The developer must file a Notice of Intent with Pre-Application Document to FERC for review. [[Title 18 CFR 5 Integrated License Application Process|18 CFR 5.5(a)]]. These documents compile existing information about project impacts on hydrology and other natural resources. '''Notice of Intent''' The Notice of Intent must contain the following information: *The developer’s name and address; *The project number, if any; *The license expiration date, if any; *An unequivocal statement of the developer’s intention to file an application for an original license, or a new or subsequent license; *The type of principal project works licensed, if any, such as dam or reservoir, powerhouse, or transmission lines; *The location of the project by state, county, and stream, and, when appropriate, by city or nearby city; *The installed plant capacity, if any. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.5(b)]]. The notice of intent must also include the names and addresses of the following: *Every county in which any part of the project is located, and in which any federal facility that is or is to be used by the project is located; *Every city, town, or similar political subdivision in which any part of the project is or is to be located and any federal facility that is or is to be used by the project is located, or that has a population of 5,000 or more people and is located within 15 miles of the existing or proposed project dam; *Every irrigation district, drainage district, or similar special purpose political subdivision in which any part of the project is located and any federal facility that is to be located, or that owns, operates, maintains, or uses any project facility or any federal facility that is or is proposed to be used by the project; *Every other political subdivision in the general area of the project or proposed project that there is reason to believe would be likely to be interested in, or affected by, the notification; and *Affected Indian tribes. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.5(b)(8)]]. For additional information on the Notice of Intent, including an adequacy review checklist, see the [[FERC Hydropower Licensing Guidelines webpage | FERC Guidelines]] webpage. '''Pre-Application Document''' The Pre-Application Document must describe the existing and proposed (if any) project facilities and operations, provide information on the existing environment, and existing data or studies relevant to the existing environment, and any known and potential impacts of the proposed project on the specified resources. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(c)]]. Specifically, the Pre-Application Document must include the following: '''Process plan and schedule''' The developer must include a plan and schedule for all pre-application activities that incorporates the time frames for pre-filing consultation, information gathering, and studies. The plan and schedule must include a proposed location and date for the scoping meeting and site visit. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(d)(1)]]. '''Project location, facilities, and operations''' The developer must include in the Pre-Application Document: *The exact name and business address, and telephone number of each person authorized to act as agent for the applicant; *Detailed maps showing lands and waters within the project boundary by township, range, and section, as well as by state, county, river, river mile, and closest town, and also showing the specific location of any federal and tribal lands, and the location of proposed project facilities, including roads, transmission lines, and any other appurtenant facilities; *A detailed description of all existing and proposed project facilities and components; *A description of the current (if applicable) and proposed operation of the project, including any daily or seasonal ramping rates, flushing flows, reservoir operations, and flood control operations; and *A description of any new facilities or components to be constructed, plans for future development or rehabilitation of the project, and changes in project operation. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(d)(2)]]. '''Description of existing environment and resource impacts''' The developer must, based on the existing, relevant, and reasonably available information, include a discussion with respect to each resource that includes: *A description of the existing environment; *Summaries (with references to sources of information or studies) of existing data or studies regarding the resource; *A description of any known or potential adverse impacts and issues associated with the construction, operation, or maintenance of the proposed project, including continuing and cumulative impacts; and *A description of any existing or proposed project facilities or operations, and management activities undertaken for the purpose of protecting, mitigating impacts to, or enhancing resources affected by the project, including a statement of whether such measures are required by the project license, or were undertaken for other reasons. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(d)(3)]]. The developer must provide all reasonably available information with respect to each of the following resources: *Geology and soils; *Water resources; *Fish and aquatic resources; *Wildlife and botanical resources; *Wetlands, riparian, and littoral habitat; *Rare, threatened and endangered species; *Recreation and land use; *Aesthetic resources; *Cultural resources; *Socio-economic resources; *Tribal resources; and *River basin description. For further information on what must be included in the Pre-Application document under each resource, see [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(d)(3)]] and the adequacy review checklist on the [[FERC Hydropower Licensing Guidelines webpage | FERC Guidelines webpage]]. '''Preliminary issues and studies list''' Based on the resource description and impacts discussion, the Pre-Application Document must include with respect to each resource area identified above, a list of: *Issues pertaining to the identified resources; *Potential studies or information gathering requirements associated with the identified issues; *Relevant qualifying federal and state or tribal comprehensive waterway plans; and *Relevant resource management plans. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(d)(4)]]. '''Summary of contacts''' The developer must include an appendix summarizing contacts with federal, state, and interstate resource agencies, Indian tribes, non-governmental organizations, or other members of the public made in connection with preparing the Pre-Application Document sufficient to enable FERC to determine if due diligence has been exercised in obtaining relevant information. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.6(d)(5)]]. '''Statement of whether developer is seeking PURPA benefits''' The developer must provide a statement of whether or not they will seek benefits under section 210 of Public Utilities Regulatory Policy Act (PURPA). [[Title 18 CFR 5 Integrated License Application Process|18 CFR 5.6(e)]]. Under PURPA, the developer of a Qualifying Facility may enjoy certain benefits under federal law including: *The right to sell energy or capacity to a utility; The right to purchase certain services from utilities; and *Relief from certain regulatory burdens. For more information on PURPA, see: <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-c(2)|PURPA Qualifying Facility Certification: <br>7-FD-c]]</span> ==7-FD-k.2 – Initiate 401 Water Quality Certification== Under section 401 of the [[Clean Water Act]] (CWA), a federal agency may not issue a license (e.g. FERC license or USACE approval) authorizing the construction or operation of a project unless the appropriate state agency first issues a water quality certification for the project or waives certification by failing or refusing to act on a request for certification within a reasonable period of time. 33 USC 1341(a)(1). In order to allow the state agency sufficient time to analyze the impacts of the project on water quality and to meet the deadline for demonstrating compliance with section 401 of the CWA, the developer should request water quality certification from the appropriate state authority early on in the FERC licensing process. <div class="state-block" data-abbr="AK"> <span class="state-label">'''Alaska'''</span> In Alaska, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Alaska Department of Environmental Conservation]] for projects that require a FERC license or a USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-AK-d|401 Water Quality Certification: <br>14-AK-d]]</span> </div> <div class="state-block" data-abbr="AR"> <span class="state-label">'''Arkansas'''</span> In Arkansas, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Arkansas Department of Environmental Quality]] for projects that require a FERC license or a USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-AR-d|401 Water Quality Certification: <br>14-AR-d]]</span> </div> <div class="state-block" data-abbr="CA"> <span class="state-label">'''California'''</span> In California, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[California State Water Resources Control Board]] and/or the regional water quality control for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-CA-d|401 Water Quality Certification: <br>14-CA-d]]</span> </div> <div class="state-block" data-abbr="CO"> <span class="state-label">'''Colorado'''</span> In Colorado, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Colorado Department of Public Health and Environment]] Water Quality Control Division for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-CO-d|401 Water Quality Certification: <br>14-CO-d]]</span> </div> <div class="state-block" data-abbr="IL"> <span class="state-label">'''Illinois'''</span> In Illinois, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Illinois Environmental Protection Agency]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-IL-d|401 Water Quality Certification: <br>14-IL-d]]</span> </div> <div class="state-block" data-abbr="IN"> <span class="state-label">'''Indiana'''</span> In Indiana, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Indiana Department of Environmental Management]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-IN-d|401 Water Quality Certification: <br>14-IN-d]]</span> </div> <div class="state-block" data-abbr="IA"> <span class="state-label">'''Iowa'''</span> In Iowa, a hydropower developer needs a 401 Water Quality Certifications or waiver from the [[Iowa Department of Natural Resources]] for projects that require a FERC license or a USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-IA-d|401 Water Quality Certification: <br>14-IA-d]]</span> </div> <div class="state-block" data-abbr="KY"> <span class="state-label">'''Kentucky'''</span> In Kentucky, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Kentucky Department of Environmental Protection]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-KY-d|401 Water Quality Certification: <br>14-KY-d]]</span> </div> <div class="state-block" data-abbr="LA"> <span class="state-label">'''Louisiana'''</span> In Louisiana, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Louisiana Department of Environmental Quality]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-LA-d|401 Water Quality Certification: <br>14-LA-d]]</span> </div> <div class="state-block" data-abbr="MN"> <span class="state-label">'''Minnesota'''</span> In Minnesota, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Minnesota Pollution Control Agency]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-MN-d|401 Water Quality Certification: <br>14-MN-d]]</span> </div> <div class="state-block" data-abbr="MS"> <span class="state-label">'''Mississippi'''</span> In Mississippi, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Mississippi Department of Environmental Quality]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-MS-d|401 Water Quality Certification: <br>14-MS-d]]</span> </div> <div class="state-block" data-abbr="MO"> <span class="state-label">'''Missouri'''</span> In Missouri, the hydropower developer needs a 401 Water Quality Certification or waiver from the [[Missouri Department of Natural Resources]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-MO-d|401 Water Quality Certification: <br>14-MO-d]]</span> </div> <div class="state-block" data-abbr="NY"> <span class="state-label">'''New York'''</span> In New York, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[New York State Department of Environmental Conservation]] Division of Water Resources for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-NY-d|401 Water Quality Certification: <br>14-NY-d]]</span> </div> <div class="state-block" data-abbr="ND"> <span class="state-label">'''North Dakota'''</span> In North Dakota, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[North Dakota Department of Health]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-ND-d|401 Water Quality Certification: <br>14-ND-d]]</span> </div> <div class="state-block" data-abbr="OH"> <span class="state-label">'''Ohio'''</span> In Ohio, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Ohio Environmental Protection Agency]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-OH-d|401 Water Quality Certification: <br>14-OH-d]]</span> </div> <div class="state-block" data-abbr="PA"> <span class="state-label">'''Pennsylvania'''</span> In Pennsylvania, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Pennsylvania Department of Environmental Protection DEP|Pennsylvania Department of Environmental Protection]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-PA-d|401 Water Quality Certification: <br>14-PA-d]]</span> </div> <div class="state-block" data-abbr="TN"> <span class="state-label">'''Tennessee'''</span> In Tennessee, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Tennessee Department of Environment and Conservation]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-TN-d|401 Water Quality Certification: <br>14-TN-d]]</span> </div> <div class="state-block" data-abbr="VT"> <span class="state-label">'''Vermont'''</span> In Vermont, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Vermont Department of Environmental Conservation]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. Vermont also requires a 401 Water Quality Certification or waiver for FERC exempt projects. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-VT-d|401 Water Quality Certification: <br>14-VT-d]]</span> </div> <div class="state-block" data-abbr="WA"> <span class="state-label">'''Washington'''</span> In Washington, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Washington State Department of Ecology]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-WA-d|401 Water Quality Certification: <br>14-WA-d]]</span> </div> <div class="state-block" data-abbr="WV"> <span class="state-label">'''West Virginia'''</span> In West Virginia, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[West Virginia Department of Environmental Protection]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-WV-d|401 Water Quality Certification: <br>14-WV-d]]</span> </div> <div class="state-block" data-abbr="WI"> <span class="state-label">'''Wisconsin'''</span> In Wisconsin, a hydropower developer needs a 401 Water Quality Certification or waiver from the [[Wisconsin Department of Natural Resources]] for projects that require a FERC license or USACE approval and may result in any discharge into the navigable waters of the U.S. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/14-WI-d|401 Water Quality Certification: <br>14-WI-d]]</span> </div> ==7-FD-k.3 - Conduct Necessary Consultations== Before the developer files an application for a license, they must consult with the relevant federal, state, and interstate resource agencies. The developer may request from FERC a list of known appropriate federal, state, and interstate agencies, Indian tribes, and local, regional, or national non-governmental organizations likely to be interested in the license application proceeding. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.1(d)(2)]]. These agencies may include the following: *National Marine Fisheries Service (NMFS); *United State Fish and Wildlife Service (FWS); *Bureau of Indian Affairs (BIA); *National Park Service (NPS); *United States Environmental Protection Agency (EPA); *The federal agency administering any United States lands utilized or occupied by the project; *The appropriate state fish and wildlife agencies; *The appropriate state water resource management agencies; *The certifying agency or Indian tribe under Section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act) 33 USC 1341(c)(1); *The agency that administers the Coastal Zone Management Act; *Any Indian tribe that may be affected by the project; and *Members of the public. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.1(d)]]. Examples include the following: *Where the project affects historical or cultural resources, consultation with the Advisory Council on Historic Preservation (ACHP) is necessary for compliance with the [[National Historic Preservation Act]] (NHPA). In licensing, FERC is bound by the provisions of NHPA, which requires that the effect of the action on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register of Historic Places be considered. ACHP must be given an opportunity to comment on the proposed action, and thus must be included in the pre-filing consultations. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page B-2]]. *Developers are required to consult with NPS about recreational resources (including land management and aesthetic issues) and historic and archeological values. NPS primarily makes recommendations about recreation access and facilities, instream flows for recreation, and riparian corridor and conservation buffer zone protection. [[National Park Service Hydropower Assistance webpage | NPS Hydropower Assistance webpage]]. In the ILP, pre-filing consultation is conducted concurrently with FERC’s NEPA scoping process. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 3-3]]. The filing of the Notice of Intent and the Pre-Application Document begins pre-filing consultations, and initiates FERC’s scoping and tribal consultation efforts. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 3-3]]. ==7-FD-k.4 - Conduct National Historic Preservation Act Section 106 - Resource Survey== Section 106 of the [[National Historic Preservation Act]] requires FERC to consult with appropriate state and local officials, Indian tribes, applicants for federal assistance, and members of the public and to consider their views and concerns about the effect of licensing a hydropower project on historic properties within the affected area. For more information regarding the [[National Historic Preservation Act]] (NHPA) requirements, see: <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/11-FD-a|National Historic Preservation Act Section 106 – Resource Survey: <br>11-FD-a]]</span> ==7-FD-k.5 – Conduct Endangered Species Act Section 7 Consultation Process== Under the [[Endangered Species Act]] (ESA) section 7(a)(2), FERC must ensure that any action it authorizes, funds, or implements is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of a designated critical habitat. If the project will adversely affect a threatened or endangered species of fish, wildlife, or plant, then the FWS or NMFS may establish reasonable and prudent alternatives (RPA) or measures (RPM). FERC is not required to include the measures in a license, but FERC and the developer may be held liable for any damage to a listed species that results from the license. Due to this, FERC treats RPA or RPM as mandatory conditions included in the license. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page B-2]]. <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/12-FD-c|Endangered Species Act Section 7 Consultation Process: <br>12-FD-c]]</span> ==7-FD-k.6 – Conduct Fish Habitat Assessment== The [[Magnuson-Stevens Fishery Conservation and Management Act]] (Magnuson-Stevens Act), as amended by the [[Sustainable Fisheries Act of 1996]], established procedures to require federal agencies to identify, conserve, and enhance Essential Fish Habitat (EFH) for species regulated under a Fisheries Management Plan (FMP). Under the Magnuson-Stevens Act, federal agencies must consult with the [[National Oceanic and Atmospheric Administration (NOAA)]] on all “federal actions” including, all actions proposed, authorized, funded, or undertaken, that may adversely affect EFH ([[Magnuson-Stevens Fishery Conservation and Management Act|16 U.S.C. § 1855]]). <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/12-FD-i|Fish Habitat Assessment: <br>12-FD-i]]</span> ==7-FD-k.7 - Provide Notice of Commencement of Proceeding== FERC must provide notice of commencement of proceeding and scoping document within 60 days of the NOI and Pre-Application documents. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(a)]]. ==7-FD-k.8 - Scoping Document 1 and Process Plan== FERC will issue Scoping Document 1 at the same time as the Notice of Commencement and Notice of Scoping Document 1. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(c)]]. Scoping Document 1 will include: *An introductory section describing the purpose of the scoping document, the date and time of the scoping meeting, procedures for submitting written comments, and a request for information or study requests from state and federal resource agencies, Indian tribes, non-governmental organizations, and individuals; *Identification of the proposed action, including a description of the project’s location, facilities, and operation, and any proposed protection and enhancement measures, and other alternatives to the proposed action, including alternatives considered but eliminated from further study, and the no action alternative; *Identification of resource issues to be analyzed in the environmental document, including those that would be cumulatively affected along with a description of the geographic and temporal scope of the cumulatively affected resources; *A list of qualifying federal and state comprehensive waterway plans; *A list of qualifying tribal comprehensive waterway plans; *A process plan and schedule and a draft outline of the environmental document; and *A list of recipients. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(c)]]. The Process Plan incorporates and maximizes coordination of federal, state, and tribal permitting and certification processes with FERC’s licensing process to ensure efficiency. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 3-4]]. ==7-FD-k.9 – Provide Notice of Scoping Document 1 and Process Plan== FERC must provide notice of Scoping Document 1 within 60 days of the NOI and Pre-Application documents. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(a)]]. ==7-FD-k.10 – Comment on Pre-Application Document, Scoping Document 1, and Process Plan== Any participant may file comments on the Pre-Application Document and Scoping Document 1 within 60 days of the Notice of Commencement. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(a)]]. Written comments must be accompanied by information needs and study requests, and must include any information and studies needed for consultation under Section 7 of the [[Endangered Species Act | ESA]] and 401 water quality certification under the [[Clean Water Act]]. Study requests must be based on the following criteria and include an explanation for each: *Describe the goals and objectives of each study proposal and the information to be obtained; *If applicable, explain the relevant resource management goals of the agencies or Indian tribes with jurisdiction over the resource to be studied; *If the requester is not a resource agency, explain any relevant public interest considerations in regard to the proposed study; *Describe existing information concerning the subject of the study proposal, and the need for additional information; *Explain any nexus between project operations and effects on the resource to be studied, and how the study results would inform the development of license requirements; *Explain how any proposed study methodology is consistent with generally accepted practice within the scientific community or, as appropriate, considers relevant tribal values and knowledge; and *Describe considerations of level of effort and cost, as applicable, and why any proposed alternative studies would not be sufficient to meet the stated information needs. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(b)]] Any comments must state any concerns about the Pre-Application Document’s treatment of existing information about project impacts. Comments must also explain any scheduling concerns in the developer’s Process Plan and recommend appropriate modifications. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(a)]]. Comments on the Pre-Application Document may also include study or information requests. Study requests must include any study which the commenter feels is necessary for the licensing decision. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(a)]]. Comments on Scoping Document 1 must state any concerns about the description and impacts of the project or the alternatives outlined. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(a)]]. For example, the FWS may provide comments on: *Information gathered to date and any remaining information and/or additional studies that still may be required to satisfy Section 7 of the [[Endangered Species Act | ESA]]’s consultation requirements; *Alternatives to be considered in the biological assessment/evaluation; *Impacts to be evaluated; *Any conservation measures to be evaluated, and *The accuracy of the species list. [[FERC Hydropower Licensing and Endangered Species - A Guide for Applicants, Contractors, and Staff | FERC ESA Guidelines, page 27]]. ==7-FD-k.11 – Provide Notice of Scoping Meeting and Site Visit== FERC must provide public notice of the scoping meeting and site visit. The notice must be published in the Federal Register. The notice must also be published in a daily or weekly newspaper published in the county or counties in which the project or any part of the project is located or the lands affected by the project are situated, and, as appropriate, tribal newspapers. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(e)]]. FERC must also notify appropriate federal, state, and interstate resource agencies, state water quality and coastal zone management plan consistency certification agencies, Indian tribes, and non-governmental organizations, by electronic means if practical, otherwise by mail. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(e)(3)]]. ==7-FD-k.12 – Conduct Scoping Meeting and Site Visit== FERC must conduct a public scoping meeting and site visit of the proposed project site. The purpose of the meeting and visit is to: *Initiate issues scoping pursuant to NEPA requirements; *Review and discuss existing conditions and resource management objectives; *Review and discuss existing information and make preliminary identification of information and study needs; *Review, discuss, and finalize the process plan and schedule for pre-filing activity that incorporates the time periods provided for and maximize coordination of federal, state, and tribal permitting and certification processes, including consultation under section 7 of the Endangered Species Act and water quality certification or waiver thereof under section 401 of the Clean Water Act; and *Discuss the appropriateness of any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document pursuant to NEPA. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.8(d)]]. ==7-FD-k.13 – Proposed Study Plan== The developer is required to file a Proposed Study Plan with FERC within 45 following the deadline for filing comments on the Pre-Application Document, study requests, and requests for information. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.11(a)]]. The developer’s Study Plan must include with respect to each proposed study: *A detailed description of the study and the methodology to be used; *A schedule for conducting the study; *Provisions for periodic progress reports, including the manner and extent to which information will be shared; and sufficient time for technical review of the analysis and results; and *If the potential developer does not adopt a requested study, an explanation of why the request was not adopted. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.11(b)]]. The Study Plan must also include provisions for the initial and updated study reports and meetings. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.11(c)]]. The developer’s proposed Study Plan must also: *Describe the goals and objectives of each study proposal and the information to be obtained; *Address any known resources management goals of the agencies or Indian tribes with jurisdiction over the resource to be studied; *Describe existing information concerning the subject of the study proposal, and the need for additional information; *Explain any nexus between project operations and effects (direct, indirect, and/or cumulative) on the resource to be studied; *Explain how any proposed study methodology (including any preferred data collection and analysis techniques, or objectively quantified information, and a schedule including appropriate field seasons and the duration) is consistent with generally accepted practice in the scientific community or, as appropriate, considers any known tribal interests; and *Describe considerations of level of effort and cost, as applicable. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.11(d)]]. ==7-FD-k.14 – Scoping Document 2 (if necessary)== FERC may at its discretion publish a Scoping Document 2 within 45 days of the deadline for comments on the Pre-Application Document and Scoping Document 1. Scoping Document 2 is designed to address any timely comments made on Scoping Document 1. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.10]]. ==7-FD-k.15 – Comment on Proposed Study Plan== Comments on the proposed Study Plan will be accepted for 90 days following issuance of the proposed Study Plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.12]]. Any comments must include an explanation of any study plan concerns and any accommodations reached with the potential developer regarding those concerns. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.12]]. For example, the FWS may recommend new studies necessary to identify potential impacts of the project on fish and wildlife related habitats. Any request for a new study must be accompanied by a showing of good cause and include statements explaining: *Any material changes in the law or regulations applicable to the information request; *Why the goals and objectives of any approved study could not be met with the approved study methodology; *Why the request was not made earlier; *Significant changes in the project proposal or that significant new information material to the study objectives has become available; and *Why the new study request satisfies the study criteria in [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(b)]]. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15]]. ==7-FD-k.16 – Revised Study Plan== The developer must file a revised Study Plan with FERC within 30 days following the deadline for filing comments on the proposed Study Plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.13(a)]]. The revised Study Plan must include the comments on the proposed Study Plan and a description of the efforts made to resolve differences over study requests. If the developer does not adopt a requested study, then the revised Study Plan must explain why the request was not adopted. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.13(a)]]. ==7-FD-k.17 – Comment on Revised Study Plan== Participants may file comments on the revised Study Plan within 15 days following filing of the revised Study Plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.13(b)]]. ==7-FD-k.18 – Study Plan Determination== FERC will issue a Study Plan Determination within 30 days following the filing of the revised Study Plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.13(c)]]. The Study Plan Determination includes any modifications of the revised Study Plan FERC deems necessary in light of the record. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.13(c)]]. ==7-FD-k.19 – Is there a Study Dispute?== Any federal agency or Indian tribe with authority may file a study dispute within 20 days of the Study Plan Determination. In order for an agency to file a study dispute, it must have authority to provide mandatory conditions on a license pursuant to Federal Power Act Section 18, or any agency or Indian tribe with authority to issue a water quality certification for the project license under section 401 of the Clean Water Act. The study disputes filed must be with respect to studies pertaining directly to the exercise of their authorities under section 4(e) and 18 of the Federal Power Act or section 401 of the Clean Water Act. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(a)]]. ==7-FD-k.20 – Provide Notice of Study Dispute== The disputing agency or tribe’s notice of study dispute must explain how their study request satisfies all criteria for study requests outlined in [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.9(b)]], and must identify and provide contact information for the panel member designated by the disputing agency or tribe. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(b)]]. ==7-FD-k.21 – Convene Dispute Resolution Panels as Necessary== FERC must convene one or more three-person Dispute Resolution Panels within 20 days of a notice of study dispute. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(a)]]. Each panel must consist of: *A person from FERC staff who is not otherwise involved in the proceeding, and who will serve as the panel chair; *One person designated by the federal or state agency or Indian tribe that filed the notice of dispute who is not otherwise involved in the proceeding; and *A third person selected by the other two panelists from a pre-established list of persons with expertise in the resource area. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(d)]]. ==7-FD-k.22 – Comment on Study Dispute== The developer may file comments and information regarding the dispute within 25 days following the notice of study dispute. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(i)]]. ==7-FD-k.23 – Review Comments and Information Provided by the Panel== FERC will review all the information provided to them by the panel and consider all comments submitted by the developer with respect to the study dispute. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(l)]]. ==7-FD-k.24 – Study Dispute Determination== FERC must review and consider the recommendations made by the Dispute Resolution Panels, and must issue a written Study Dispute Determination no later than 70 days from the date of the filing of the notice of study dispute. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(l)]]. The Study Dispute Determination will be considered an amendment to the approved Study Plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.14(l)]]. ==7-FD-k.25 – Implement Finalized Study Plan== The potential developer must gather information and conduct studies as provided in the approved Study Plan and schedule. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(a)]]. ==7-FD-k.26 – Initial Study Report== The developer must prepare and file with FERC an initial study report describing its overall progress in implementing the study plan and schedule and the data collected, including an explanation of any variance from the study plan and schedule. The report must also include any modifications to ongoing studies or new studies proposed by the developer. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)]]. The initial study report must be filed either pursuant to the OEP-approved study schedule or no later than 1 year after FERC approval of the study plan, whichever comes first. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)]]. ==7-FD-k.27 – Conduct Study Report Meeting== The developer must hold a meeting with the participants and FERC staff to discuss the study results and the developer’s and/or other participant’s proposals to modify the study plan within 15 days following the filing of the initial Study Report. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)(2)]]. ==7-FD-k.28 – Meeting Summary== The developer must file a Meeting Summary within 15 days following the meeting. The Meeting Summary must include any modifications to ongoing studies or new studies proposed by the developer. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)(3)]]. ==7-FD-k.29 – Is a Disagreement with the Meeting Summary Filed?== Any participant or the FERC staff may file a disagreement concerning the developer’s Meeting Summary within 30 days. The document must outline the basis for the disagreement and include any modifications to ongoing studies or new studies proposed by FERC staff or other participant. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)(4)]]. If a disagreement is not filed within 30 days, then any proposed amendment must be deemed to be approved. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)(7)]]. ==7-FD-k.30 – Comment on Disagreement== The developer and other participating agencies may file responses to any disagreement with the Meeting Summary within 30 days of the filing of the disagreement. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)(5)]]. ==7-FD-k.31 –Resolve Disagreement and Amend Study Plan if Necessary== FERC will resolve the disagreement and amend the Study Plan as necessary no later than 30 days following the due date for responses to the disagreement. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(c)(6)]]. ==7-FD-k.32 – Is there an Additional Study Request?== Any participant may request a modified or a new study. A proposed modified study must comply with the study criteria and must also show that approved studies were not conducted as provided for in this approved study plan, or the study was conducted under anomalous environmental conditions or that environmental conditions have changed in a material way. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(d)]]. Any proposal for a new study must be accompanied by a showing of good cause why the proposal should be approved, and must include a statement explaining: *Any material changes in the law or regulations applicable to the information request; *Why the goals and objectives of any approved study could not be met with the approved study methodology; *Why the request was not made earlier; *Significant changes in the project proposal or that significant new information material to the study objectives has become available; and *Why the new study request satisfies the study criteria. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.15(e)]]. ==7-FD-k.33 –Conduct New Study (if Necessary)== If FERC determines that a new study should be conducted, or approves a modification to a current study, then the developer must comply with that determination. ==7-FD-k.34 – Does the Developer Obtain a Waiver of the Preliminary Proposal Requirement?== The developer may request a waiver of the requirement to file the preliminary license proposal or draft license application. Any decision to issue a waiver will be based on a consensus of the participants in favor of such a waiver. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.16(f)]]. ==7-FD-k.35 – Preliminary License Proposal or Draft License Application== The developer must file for comment a preliminary licensing proposal no later than 150 days prior to the deadline for filing a new or subsequent license application. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.16(a)]]. The preliminary licensing proposal must: *Clearly describe, as applicable, the existing and proposed project facilities, including project lands and waters; *Clearly describe, as applicable, the existing and proposed project operation and maintenance plan, to include measures for protection, mitigation, and enhancement measures with respect to each resource affected by the project proposal; and *Include the developer’s draft environmental analysis by resource area of the continuing and incremental impacts, if any, of its preliminary licensing proposal, including the results of its studies conducted under the approved study plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.16(b)]]. Proposed project operation and maintenance plans will include measures and plans to protect, mitigate, or enhance environmental resources such as a Draft Biological Assessment, Essential Fish Habitat Assessment, Historic Properties Management Plan, and a Recreation Management Plan. The developer may choose to file a draft license application, which includes all the requirements of a license application, in lieu of submitting a preliminary licensing proposal. The developer must notify FERC of their intent to file a draft license application in the updated Study Plan. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.16(c)]]. ==7-FD-k.36 – Comment on License Proposal== Participants and FERC staff may comment on the preliminary licensing proposal or draft license application within 90 days of the date of its filing. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.16(e)]]. The comments submitted at this stage may include recommendations on whether FERC should prepare and Environmental Assessment (with or without a draft Environmental Assessment) or an Environmental Impact Statement. Any request for new information, studies, or other amendments to the approved study plan must include a demonstration of extraordinary circumstances. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.16(e)]]. '''US Fish and Wildlife Service''' FWS will comment on the license proposal to identify potential impacts of the project on fish and wildlife and related habitats. FWS may also comment on the license proposal based on the Endangered Species Act if listed species are likely to be affected by the project. [[US Fish and Wildlife Service Hydropower Licensing webpage | US FWS Hydropower Service Involvement]]. For further information on FWS involvement in hydropower licensing see the [[US Fish and Wildlife Service Hydropower Licensing webpage | FWS Hydropower Licensing webpage]]. ==7-FD-k.37 – FERC License Application and Associated Documents== Each application for a license must identify every person, citizen, association of citizens, domestic corporation, municipality, or state that has or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the project. [[Title 18 CFR 4 Licenses, Permits, Exemptions, and Determination of Project Costs | 18 CFR 4.32(a)(1)]]. Each application for a license must: *Identify every county in which any part of the project, and any federal facilities that would be used by the project, would be located; *Identify every city, town, or similar local political subdivision: in which any part of the project, and any federal facilities that would be used by the project, would be located; or that has a population of 5,000 or more people and is located within 15 miles of the project dam; *Identify every irrigation district, drainage district, or similar special purpose political subdivision: In which any part of the project, and any federal facilities that would be used by the project, would be located; or that owns, operates, maintains, or uses any project facilities or any federal facilities that would be used by the project; *Every other political subdivision in the general area of the project that there is reason to believe would likely be interested in, or affected by, the application; and *All Indian tribes that may be affected by the project. [[Title 18 CFR 4 Licenses, Permits, Exemptions, and Determination of Project Costs | 18 CFR 4.32(a)(2)]]. '''Exhibit E – Environmental Exhibit''' FERC has outlined specific format and content requirements for developers to include in Exhibit E in the application. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)]]. Exhibit E must include a general description of the river system, including relevant tributaries; give measurements of the area of the basin and length of the stream. Exhibit E must also identify the project’s river mile designation or other reference point, describe the topography and climate, and discuss major land uses and economic activities. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(1)]]. Exhibit E must list cumulatively affected resources based on FERC’s Scoping Document, consultation, and study results. It must discuss the geographic and temporal scope of analysis for those resources. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(2)]]. The developer’s Exhibit E must include a discussion of the status of compliance with or consultation under the following laws: '''Section 401 of the Clean Water Act''' Section 401 of the [[Clean Water Act]] (CWA) (33 U.S.C § 1251 et seq.) requires developers to demonstrate compliance with the CWA’s water quality certification requirements if the project may result in any discharge into the navigable waters of the U.S. '''Endangered Species Act (ESA)''' The developer must briefly describe the process used to address project effects on federally listed or proposed species in the project vicinity. Exhibit E must also contain a summary of any anticipated environmental effects on federally listed or proposed species and provide the status of the consultation process. If the developer is FERC’s non-federal designee for informal consultation under the ESA, the developer’s draft biological assessment must be included. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(3)(ii)]]. '''Magnuson-Stevens Fishery Conservation and Management Act''' Exhibit E must include a document from the National Marine Fisheries Service and/or the appropriate Regional Fishery Management Council outlining any essential fish habitat that may be affected by the project. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(3)(iii)]]. '''Coastal Zone Management Act (CZMA)''' If the developer’s project is located within a coastal zone boundary or if the project affects a resource located in the boundaries of a designated coastal zone, then the developer must certify that the project is consistent with the state Coastal Zone Management Program. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(3)(iv)]]. '''National Historic Preservation Act (NHPA)''' Section 106 of NHPA requires FERC to take into account the effect of licensing a hydropower project on any historic properties, and allow the Advisory Council on Historic Preservation a reasonable opportunity to comment on the proposed action. The developer must include documentation of consultation with the Advisory Council, the State Historic Preservation Officer, Tribal Historic Preservation Officer, National Park Service, members of the public, and affected Indian tribes, where applicable. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(3)(v)]]. '''Pacific Northwest Power Planning and Conservation Act (Act)''' If the developer’s project is within the Columbia River Basin, then the Act will apply. The Columbia River Basin Fish and Wildlife Program developed under the Act requires agencies to consult with federal and state fish and wildlife agencies, appropriate Indian tribes, and the Northwest Power Planning Council during the study, design, construction, and operation of any hydroelectric development in the basin. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(3)(vi)]]. '''Wild and Scenic Rivers and Wilderness Acts''' The developer must include a description of any areas within or in the vicinity of the proposed project boundary that are included in, or have been designated for study for inclusion in, the National Wild and Scenic Rivers System, or that have been designated as wilderness area, recommended for such designation, or designated as a wilderness study area under the Wilderness Act. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(3)(vii)]]. The developer must also include in Exhibit E a description of the project’s facilities and operations. The project description must include the following: *Maps showing existing and proposed project facilities, lands, and waters within the project boundary; *The configuration of any dams, spillways, penstocks, canals, powerhouses, tailraces, and other structures; *The normal maximum water surface area and normal maximum water surface elevation (mean sea level), gross storage capacity of any impoundments; *The number, type, and minimum and maximum hydraulic capacity and installed (rated) capacity of existing and proposed turbines or generators to be included as part of the project; *An estimate of the dependable capacity, and average annual energy production in kilowatt hours (or mechanical equivalent); *A description of the current (if applicable) and proposed operation of the project, including any daily or seasonal ramping rates, flushing flows, reservoir operations, and flood control operations. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(4)]]. For further information on what must be included in Exhibit E, see [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.18(b)(5)]]. ==7-FD-k.38 – Make License Available to the Public== The developer must make the license application and all associated documents reasonably available to the public following submission. The developer may make a copy available at their principal place of business or another location more accessible to the public. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.2(b)(1)]]. ==7-FD-k.39 – Provide Notice of Application Tendered for Filing== FERC must provide public notice of the tendering for filing of the application within 14 days of the filing date of the application. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.19(a)]]. The tendering notice must include a preliminary schedule for expeditious processing of the application, including dates for the following: *Issuance of the acceptance for filing and ready for environmental analysis notice; *Filing of recommendations, preliminary terms and conditions, and fishway prescriptions; *Issuance of a draft EA or EIS, or an EA not preceded by a draft; *Filing of comments on the draft EA or EIS; *Filing of modified recommendations, mandatory terms and conditions, and fishway prescriptions in response to a draft NEPA document or environmental analysis, if no draft NEPA document is issued; *Issuance of a final NEPA document, if any; *In the case of a new or subsequent license application, a deadline for submission of final amendments, if any, to the application; and *Readiness of the application for FERC’s decision. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.19(a)]]. ==7-FD-k.40 – Review Application for Completeness== FERC will review the application documents to ensure that all the required information is present. The developer may be required to submit any additional information or documents that FERC considers relevant for an informed decision on the application. The information or documents requested must take the form, and must be submitted within the time, that FERC prescribes. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.21]]. ==7-FD-k.41 – Is the Application Complete?== FERC will notify the developer whether the application is complete within 30 days of the filing date of the application. ==7-FD-k.42 to 7-FD-k.43 – Provide Notice of Deficiency of Application == If the developer’s application is deficient, then FERC will provide a notice specifying the deficiencies. The developer will be afforded up to 90 days time to correct the deficiencies. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.20(a)(2)]]. ==7-FD-k.44 – Conduct Substantive Review of Application== FERC must conduct a substantive review of all application materials before the application can be accepted. ==7-FD-k.45 – Is the Application Accepted?== FERC may accept an application, or may request further information from the developer. A revised application will be accepted so long as the deficiencies in the application have been corrected. ==7-FD-k.46 – Provide Additional Information and Conduct Further Studies if Necessary== FERC may require the developer to submit additional information or documents that FERC considers relevant for an informed decision on the application. If the developer fails to supply information or documents requested by FERC in the allotted time, then FERC may dismiss the application. [[Title 18 CFR 4 Licenses, Permits, Exemptions, and Determination of Project Costs | 18 CFR 4.32(g)]]. ==7-FD-k.47 – Provide Notice of Acceptance and Readiness for Environmental Analysis== FERC will issue a Notice of Acceptance and Readiness for Environmental Analysis once it determine that the application meets all filing requirements, the studies have been completed, any deficiencies have been resolved, and no additional information is required. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 3-13]]. This notice solicits comments, protests and interventions, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 3-13]]. ==7-FD-k.48 – Comment on Notice of Acceptance and Readiness for Environmental Analysis== Participants may file comments, protests, interventions, and recommendations no later than 60 days after the notice of acceptance and readiness for environmental analysis. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.23(a)]]. ==7-FD-k.49 – Develop Preliminary License Conditions and Recommendations== Any agency responsible for developing mandatory terms, conditions or prescriptions for a FERC license, or issuing recommendations to FERC for a FERC license, must provide these terms, conditions, prescriptions or recommendations in the agency’s initial comments filed on the draft application. Agencies and the public may comment no later than 60 days following public notice of the draft application. These agencies will include those acting pursuant to the following: '''FPA Section 4(e)''' Where the project will be located on a federal reservation, the federal agency responsible for managing that land can file conditions to protect the reservation, and these conditions are required to be included in any license issued. For example, The Forest Service (FS) may require that a license for a project occupying lands or waters of a National Forest include those conditions necessary to assure the protection and use of the affected resources. [[USDOI - Memorandum 37005 | United States Department of the Interior Memorandum M-37005]]. A national forest is considered a “reservation” for purposes of FPA Section 4(e), and FS is authorized to impose mandatory conditions on the project license. [[Title 16 USC 796 Regulation of the Development of Water Power and Resources Definitions | 16 USC 796(2)]]. '''FPA Section 10(a)''' FERC must ensure that the project is best adapted to a comprehensive plan for developing the waterway for beneficial public purposes. For example, The NPS has submitted the Nationwide Rivers Inventory as a comprehensive plan with FERC. NPS may then submit conditions to FERC for consideration under FPA Section 10(a) to ensure that the project is best adapted to the Nationwide Rivers Inventory. [[FERC List of Comprehensive Plans | FERC List of Comprehensive Plans]]. '''FPA Section 10(j)''' The [[Fish and Wildlife Service|U.S. Fish and Wildlife Service]] (FWS), the [[National Oceanic and Atmospheric Administration (NOAA)|National Oceanic and Atmospheric Administration’s]] National Marine Fisheries Service]] (NOAA Fisheries), and state fish and wildlife agencies will develop preliminary conditions for inclusion in the license pursuant to section 10(j) of the [[Federal Power Act]]. The agencies are responsible for filing any preliminary fish and wildlife recommendations, prescriptions, conditions, and comments, to be submitted in final form after the filing of the application. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 5-5]]. FERC will include these measures unless it finds them inconsistent with the FPA or other applicable law. FERC likely could avoid 10(j) disputes if the ALP application contains consensus for the proposed protection, mitigation, and enhancement measures. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 4-14]]. '''FPA Section 18''' The Secretaries of Commerce and the Interior can prescribe mandatory fishways at licensed projects, and those conditions are required to be included in any license issued. For example, the NMFS may require acceptable fishway prescriptions to safeguard certain species of fish from changes in waterflow that degrade their habitat. [[NOAA Hydropower and Fish Passage webpage | NOAA Hydropower and Fish Passage webpage]]. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 1-4]]. '''Agency Conditions and Recommendations''' * '''Bureau of Indian Affairs''' **The Bureau of Indian Affairs (BIA) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, where a project is located on tribal lands, a tribe has an interest in the area where the project is located, or a project may interfere with the purpose of a reservation. The BIA may also participate by engaging with fish and wildlife agencies responsible for developing section 10(j) recommendations. <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-l|Bureau of Indian Affairs - FERC License Conditions and Recommendations- <br>7-FD-l ]]</span> * '''Bureau of Reclamation''' **The Bureau of Reclamation (BOR) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, for projects that are located on or may otherwise affect a BOR facility. <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-n|Bureau of Reclamation - FERC License Conditions and Recommendations- <br>7-FD-n ]]</span> * '''National Park Service''' **The National Park Service (NPS) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, for projects that are located on federally-reserved NPS lands, projects that may affect NPS-managed lands, and projects that may affect recreational interests in non-NPS lands. <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-q|National Park Service - FERC License Conditions and Recommendations- <br>7-FD-q ]]</span> * '''U.S. Forest Service''' **The United States Forest Service (USFS) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, where projects are located on National Forest Service lands or may adversely affect National Forest System resources. <span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-s|U.S. Forest Service- FERC License Conditions and Recommendations- <br>7-FD-s ]]</span> '''State Fish and Wildlife Agencies''' <div class="state-block" data-abbr="AK"> <span class="state-label">'''Alaska'''</span> In Alaska, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Alaska Department of Fish and Game]] (ADF&G). ADF&G has primary responsibility for protecting, maintaining, and improving the fish, game, and aquatic plant resources of the state and to manage their use and development in the best interest of the economy and the well-being of the state, consistent with the sustained yield principle. [[Title 16 Alaska Statutes Chapter 5 Fish and Game|AS 16.05.020]]. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-AK-a(1)|State Fish and Wildlife License Conditions and Recommendations: <br>12-AK-a(1)]]</span> </div> <div class="state-block" data-abbr="AR"> <span class="state-label">'''Arkansas'''</span> In Arkansas, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Arkansas Game and Fish Commission]] (AGFC). AGFC is charged with the “control, management, restoration, conservation and regulation of birds, fish, game and wildlife resources of the state.” [[Arkansas – Constitution of the State of Arkansas Amendment 35 et seq., Wild Life – Conservation – Arkansas State Game and Fish Commission|Const. of Arkansas Amend. 35 §1]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to 30(c) of the [[Federal Power Act]], but AGFC may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-AR-a|State Fish and Wildlife License Recommendations: <br>12-AR-a]]</span> </div> <div class="state-block" data-abbr="CA"> <span class="state-label">'''California'''</span> In California, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[California Department of Fish & Wildlife]] (CDFW). CDFW is dedicated to the conservation, protection, and management of fish, wildlife, and native plant species, and the habitat necessary to support biologically sustainable populations of those species. [[California Department of Fish and Wildlife: Federal Energy Regulatory Commission (FERC) Hydroelectric Projects]]. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-CA-a (1)|State Fish and Wildlife License Conditions and Recommendations: <br>12-CA-a (1)]]</span> </div> <div class="state-block" data-abbr="CO"> <span class="state-label">'''Colorado'''</span> In Colorado, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Colorado Division of Wildlife|Colorado Parks and Wildlife]] (CPW). CPW is the state agency charged with the management of Colorado’s wildlife and wildlife areas. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-CO-a (2)|State Fish and Wildlife License Conditions and Recommendations: <br>12-CO-a (2)]]</span> </div> <div class="state-block" data-abbr="IL"> <span class="state-label">'''Illinois'''</span> The [[Illinois Department of Natural Resources]] (IDNR) is the state agency charged with managing the state’s wildlife and natural resources. [[Illinois – 520 Illinois Comp. Stat. §§ 5 et seq., Wildlife Code|520 ILCS §5/1.3]]. IDNR participates in the FERC licensing process by (in addition to consulting with other federal, state, and tribal resource management agencies involved in the FERC licensing process) reviewing proposed hydropower projects at [[US Army Corps of Engineers]] (USACE) non-powered dams. IDNR may issue recommendations to FERC regarding the proposed project designed to protect, mitigate damage to, and enhance fish and wildlife resources. [[Federal Power Act|16 U.S.C. § 803(j)]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but IDNR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-IL-a|State Fish and Wildlife License Recommendations: <br>12-IL-a]]</span> </div> <div class="state-block" data-abbr="IN"> <span class="state-label">'''Indiana'''</span> In Indiana, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Indiana Department of Natural Resources]] ("IDNR"). IDNR is the state agency charged with protecting the state's environment and natural resources. [[Indiana - Ind. Code §§ 14-9 et seq., Department of Natural Resources|I.C. §14-9-1-1]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but IDNR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-IN-a|State Fish and Wildlife License Recommendations: <br>12-IN-a]]</span> </div> <div class="state-block" data-abbr="IA"> <span class="state-label">'''Iowa'''</span> In Iowa, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Iowa Department of Natural Resources]] (IDNR). IDNR is Iowa’s state agency charged with “protecting the environment, and managing fish, wildlife, and land and water resources” in the state. [[Iowa – Iowa Code §§ 455A et seq., Department of Natural Resources|I.C. §455A.2]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but IDNR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-IA-a|State Fish and Wildlife License Recommendations: <br>12-IA-a]]</span> </div> <div class="state-block" data-abbr="KY"> <span class="state-label">'''Kentucky'''</span> In Kentucky, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Kentucky Department of Fish & Wildlife Resources]] (KDFWR). KDFWR is the state agency charged with the protection, conservation, and enhancement of the state’s aquatic resources. [[Kentucky – Ky. Rev. Stat. §§ 150 et seq., Fish and Wildlife Resources|K.R.S. § 150]]; [[Kentucky – 301 Ky. Admin Reg. et seq., Tourism, Arts and Heritage Cabinet – Department of Fish and Wildlife Resources|301 K.A.R.]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but KDFWR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-KY-a|State Fish and Wildlife License Recommendations: <br>12-KY-a]]</span> </div> <div class="state-block" data-abbr="LA"> <span class="state-label">'''Louisiana'''</span> In Louisiana, a hydropower developer may be subject to mandatory terms and conditions or recommendations from the [[Louisiana Department of Wildlife and Fisheries]] (“LDWF”). LDWF is charged with protecting, conserving, and replenishing wildlife and aquatic life in the state. [[Louisiana – La. Rev. Stat. §§ 56:1 et seq., Wildlife and Fisheries|L.R.S. § 56:1]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but LDWF may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-LA-a|State Fish and Wildlife License Recommendations: <br>12-LA-a]]</span> </div> <div class="state-block" data-abbr="MN"> <span class="state-label">'''Minnesota'''</span> In Minnesota, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Minnesota Department of Natural Resources]] (“MNDNR”). MNDNR is the state agency charged with controlling the state’s wildlife and natural resources. [[Minn. Stat. §§ 84.027 et seq., Powers and Duties|Minn. Stat. §84.027(2)]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but MNDNR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-MN-a|State Fish and Wildlife License Recommendations: <br>12-MN-a]]</span> </div> <div class="state-block" data-abbr="MS"> <span class="state-label">'''Mississippi'''</span> In Mississippi, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Mississippi Department of Wildlife, Fisheries and Parks]] (MDWFP). MDWFP is Mississippi’s state agency charged with conserving, managing, developing and protecting the state’s wildlife. [[Mississippi – Miss. Code §§ 49 et seq., Conservation and Ecology|Miss. Code §49-4-8]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but MDWFP may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-MS-a|State Fish and Wildlife License Recommendations: <br>12-MS-a]]</span> </div> <div class="state-block" data-abbr="MO"> <span class="state-label">'''Missouri'''</span> In Missouri, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Missouri Department of Conservation]] (“MDC”). The MDC is Missouri’s state agency “charged with the control, management, conservation, and regulation of the bird, fish, game, forestry, and all wildlife resources of the state.” [[Missouri – Mo. Code of State Reg. §§ 3 C.S.R. 30-1.010 et seq., Wildlife Code: Organization|3 C.S.R. § 30-1.010(1)]]; [[Missouri – Mo. Rev. Stat. §§ 242.010 et seq., Missouri Wildlife and Forestry Law]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but MDC may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-MO-a|State Fish and Wildlife License Recommendations: <br>12-MO-a]]</span> </div> <div class="state-block" data-abbr="NY"> <span class="state-label">'''New York'''</span> In New York, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[New York State Department of Environmental Conservation]] (DEC). DEC is the state agency charged with the management of New York’s fish, wildlife, and marine resources. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-NY-a|State Fish and Wildlife License Conditions and Recommendations: <br>12-NY-a]]</span> </div> <div class="state-block" data-abbr="ND"> <span class="state-label">'''North Dakota'''</span> In North Dakota, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[North Dakota Game and Fish Department]] (NDGF). NDGF is the state agency charged with protecting, propagating, increasing, preserving and conserving of the state’s wildlife resources. [[North Dakota – N.D. Century Code §§ 20.1-02 et seq., Game and Fish Department|N.D. Century Code §20.1-02-04]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but NDGF may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-ND-a|State Fish and Wildlife License Recommendations: <br>12-ND-a]]</span> </div> <div class="state-block" data-abbr="OH"> <span class="state-label">'''Ohio'''</span> In Ohio, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Ohio Division of Wildlife]] (Division of Wildlife) within the [[Ohio Department of Natural Resources]] (ODNR). The Division of Wildlife is Ohio’s state agency charged with investigating, considering, and making recommendations “in all matters pertaining to the protection, preservation, propagation, possession, and management” of Ohio’s wildlife. [[Ohio – Ohio Rev. Code §§ 1531.01 et seq., Division of Wildlife|O.R.C. § 1531.03(C)]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but ODNR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-OH-a|State Fish and Wildlife License Recommendations: <br>12-OH-a]]</span> </div> <div class="state-block" data-abbr="PA"> <span class="state-label">'''Pennsylvania'''</span> In Pennsylvania, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Pennsylvania Fish and Boat Commission]] (PFBC). PFBC is the state agency charged with the protection, conservation, and enhancement of the state’s aquatic resources. [[Pennsylvania – 30 Pa Cons. Stat. §§ 3 et seq., Fish and Boat Commission| 30 Pa.C.S. § 3]]; [[Pennsylvania – Fish and Boat Commission – Policy Manual|PFBC Policy Manual]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but PFBC may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-PA-a|State Fish and Wildlife License Recommendations: <br>12-PA-a]]</span> </div> <div class="state-block" data-abbr="TN"> <span class="state-label">'''Tennessee'''</span> In Tennessee, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Tennessee Wildlife Resources Agency]] (TWRA). TWRA is the state agency charged with protecting, propagating, increasing, preserving and conserving of the state’s wildlife resources. [[Tennessee – Tenn. Code Ann. §§ 70-1-3 et seq., Wildlife Resources Agency|Tenn. Code Ann. §70-1-302]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but TWRA may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-TN-a|State Fish and Wildlife License Recommendations: <br>12-TN-a]]</span> </div> <div class="state-block" data-abbr="VT"> <span class="state-label">'''Vermont'''</span> In Vermont, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Vermont Agency of Natural Resources]] (ANR). ANR is Vermont’s state agency with primary responsibility for protecting Vermont’s environment, natural resources and wildlife. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-VT-a|State Fish and Wildlife License Conditions and Recommendations: <br>12-VT-a]]</span> </div> <div class="state-block" data-abbr="WA"> <span class="state-label">'''Washington'''</span> In Washington, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Washington State Department of Fish and Wildlife]] (WDFW). WDFW is the state agency charged with the preservation, protection, perpetuation, and management of the state’s wildlife and fish resources. [[Washington – Title 77, Fish and Wildlife|RCW 77.04.012]]. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-WA-a(1)|State Fish and Wildlife License Conditions and Recommendations: <br>12-WA-a(1)]]</span> </div> <div class="state-block" data-abbr="WV"> <span class="state-label">'''West Virginia'''</span> In West Virginia, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[West Virginia Division of Natural Resources]] (WVDNR). WVDNR is the state agency charged with the protection, conservation, and enhancement of the state’s aquatic resources. [[West Virginia – W.V. Code §§ 20-2 et seq., Wildlife Resources|W.V.C. §20-2]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to section 30(c) of the [[Federal Power Act]], but WVDNR may issue section 10(j) license recommendations. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-WV-a|State Fish and Wildlife License Recommendations: <br>12-WV-a]]</span> </div> <div class="state-block" data-abbr="WI"> <span class="state-label">'''Wisconsin'''</span> In Wisconsin, a hydropower project may be subject to mandatory terms and conditions or recommendations from the [[Wisconsin Department of Natural Resources]] (Wisconsin DNR). Wisconsin DNR is the state agency charged with controlling and conserving the state’s plant and wildlife resources. [[Wisconsin – Wis. Stat. §§ 23 et seq., Conservation|Wis. Stat. §23]]; [[Wisconsin – Wis. Stat. §§ 29 et seq., Wild Animals and Plants|Wis. Stat. §29]]. USACE hydropower projects are not eligible for a FERC exemption and therefore are not subject to mandatory terms and conditions pursuant to 30(c) of the [[Federal Power Act]]. For more information, see: <span class="btn btn-rapid btn-state">[[RAPID/Roadmap/12-WI-a|State Fish and Wildlife License Recommendations: <br>12-WI-a]]</span> </div> ==7-FD-k.50 – Submit Preliminary Conditions and Prescriptions== Following development of conditions, the agency must then submit these conditions or recommendations to FERC. ==7-FD-k.51 – Demonstrate Compliance with 401 Water Quality Certification== The developer must demonstrate compliance with the CWA’s water quality certification requirements. Within 60 days from the date FERC issues the notice of readiness for environmental analysis, the developer must file: *A copy of the water quality certification; *A copy of the request for certification, including proof of the date on which the certifying agency received the request; or *Evidence of waiver of water quality certification. [[Title 18 CFR 4 Licenses, Permits, Exemptions, and Determination of Project Costs | 18 CFR 4.34(b)(5)(i)]]. ==7-FD-k.52 – Is an Environmental Assessment or Environmental Impact Statement Required?== Pursuant to the [[National Environmental Policy Act]] (NEPA), FERC must publish an environmental document outlining the environmental impacts that will result from their licensing decision that may have a significant impact on environmental quality. FERC will, based on all information gathered through the licensing process, determine whether an Environmental Impact Statement or an Environmental Assessment is necessary. ==7-FD-k.53 – Is a Draft EA Required by FERC?== FERC will determine whether the EA must be published first in draft form. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.24(a)]]. ==7-FD-k.54 – Draft EA or EIS== FERC must issue the draft EA or EIS for comment no later than 180 days from the date responses are due to the Notice of Acceptance and Readiness for Environmental Analysis. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.25(a)]]. The draft EA must include the following: *Draft license articles; *A preliminary determination of the consistency of each fish and wildlife agency recommendation made pursuant to section 10(j) of the FPA with the purposes and requirements of the FPA and other applicable law; and *Any preliminary mandatory terms and conditions and fishway prescriptions. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.25(b)]]. ==7-FD-k.55 to 7-FD-k.56 – Publish Notice of Draft EA or EIS== FERC must provide public notice of the draft EA or EIS. The draft EA will set the time frame required for notice and comment. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.25(c)]]. ==7-FD-k.57 to 7-FD-k.58 – Develop Mandatory Prescriptions or Terms and Conditions== Participating agencies may submit new or amended recommendations and conditions based on the analysis in the environmental document. Agencies must file all modified mandatory prescriptions or terms and conditions within 60 days following the close of the comment period. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.25(d)]]. Agencies must file any modified prescriptions or terms and conditions within 60 days from the date for filing comments on the Draft EA or EIS. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.24(4) and 5.25(4)]]. These modified conditions are addressed either in the final NEPA document (if a draft was issued) or license order (if non-draft was issued). ==7-FD-k.59 — Issue Final EA or EIS== FERC must issue a final EIS within 90 days following the date for filing of modified mandatory prescriptions or terms and conditions. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.25(e)]]. FERC must issue a final EA within 225 days of the notice for readiness for environmental analysis if it determines that a draft EA is not required. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.25(a)]]. The final EA published by FERC must include the following: *Draft license articles prepared by FERC; *A preliminary determination of whether each condition recommended under FPA section 10(j) is consistent with the FPA; and *Any preliminary mandatory conditions submitted by other agencies. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.24(b)]]. Any participant and members of the public may submit comments on the final EA or EIS no later than 30 or 45 days after issuance of the final environmental document. [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5.24(c)]]. ==7-FD-k.60 – Does FERC Approve the License Request?== FERC may approve or deny a request for a license based on all the information gathered during the licensing process. Pursuant to [[Federal Power Act|FPA]] Section 4(e), FERC must give equal consideration to developmental and environmental values when deciding whether or not to issue a license. Environmental values include the following: *Fish and wildlife resources; *Visual resources; *Cultural resources; *Recreational opportunities; and *Other aspects of environmental quality. Developmental values include the following: *Power generation; *Irrigation; *Flood control; and *Water supply. ==7-FD-k.61 – Provide Notice of Denial== If FERC determines that a license should not be granted for the developer’s project, then it will issue a notice of denial. ==7-FD-k.62 – Licensing Order== FERC will issue a Licensing Order if it determines that a license should be granted. The Licensing Order will outline all approved conditions. The Licensing Order becomes final 30 days after issuance, unless the developer or other party timely seeks a rehearing. [[Title 16 USC 825l Review of Orders | 16 USC 825l(a)]]. Note, seeking a rehearing does not stay the requirements of the Licensing Order. FERC Licensing Orders contain an extensive overview of the project, licensing requirements and information regarding compliance with federal law, generally containing content in the following form: *Introduction, describing application date, type, and project capacity. *Background, describing licensing history and current application history. *Project Description, describing the following about the project; **Area. **Facilities. **Recreation sites. **Boundary. **Current operation. **Proposed operation and environmental measures. *Summary of License Requirements, describing the license authorizations and requirements. *Water Quality Certification, describing water quality certification and conditions. *Coastal Zone Management, describing CZMA consistency certification. *Section 18 Fishway Prescription, describing required fishways. *Threatened and Endangered Species, describing Endangered Species Act compliance. *National Historic Preservation Act, describing National Historic Preservation Act compliance. *FPA Section 10(a)(1), describing adaptation to conform with comprehensive plan. *FPA Section 10(j) Recommendations, describing conditions submitted by federal and state fish and wildlife agencies. *Administrative Provisions, describing required administrative provisions. *State and Federal Comprehensive Plans, describing consistency with state and federal comprehensive plans. *Applicant’s Plans and Capabilities, describing FERC’s analysis of the licensee’s record as a licensee. *Project Economics, describing FERC’s analysis of the economic benefits of the project. *Comprehensive Development, describing FERC’s analysis of the impact of the development. *License Term, describing the license term, requirements, and project detail. *Terms and Conditions, describing all the terms and conditions attached to the license. *Appendix A, Water Quality Certification Conditions, containing an additional description of the conditions of water quality certification. See [[FERC Online eLibrary]]. ==7-FD-k.63 to 7-FD-k.64 – Submit a Request for Rehearing== The developer may request rehearing on any FERC decision. The developer must submit the request no later than 30 days after issuance of the licensing denial. [[Title 18 CFR 385 Rules of Practice and Procedure | 18 CFR 385.713(b)]]. The request should outline the alleged error in the final decision or final order. [[Title 18 CFR 385 Rules of Practice and Procedure | 18 CFR 385.713(c)(1)]]. FERC may approve or deny any rehearing request. If FERC rejects or dismisses an application because it is patently deficient or because the developer fails to correct deficiencies, then the developer cannot refile its application if the 24-month filing deadline has passed. [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 4-12]]. ==7-FD-k.65 – Conduct Rehearing on Denial of Licensing== If the request for rehearing is approved, then FERC will review the decision to deny a license. ==7-FD-k.66 – Final Order== Following review of the rehearing request, FERC will issue a final rehearing order on the licensing. ==7-FD-k.67 to 7-FD-k.69 – Is the License Approved?== FERC may approve or deny any request for a license. If the license is approved, then FERC will issue a Licensing Order. If the license is denied, then FERC will issue an order denying the license application. The developer may seek rehearing of the order denying the license application with FERC. FERC may either issue an order either granting or denying rehearing of the license order. If FERC issues an order denying rehearing of the license order then the developer may obtain review of the order denying rehearing in the United States Court of Appeals for the District of Columbia, or any circuit in which the developer is located or where the developer has its principal place of business. The developer may obtain review through filing a written petition requesting that the rehearing order be modified or set aside in whole within 60 days after the final action of FERC. [[Title 16 USC 825l Review of Orders|16 U.S.C. § 825(b)]]. Following issuance of a final FERC License, FERC must monitor the developer’s compliance with all the conditions contained within the license. Failure to comply with outlined conditions would subject the developer to civil penalties or rescission of the license. FPA Section 31(a) and [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook, page 1-4]]. Paragraphs supporting the elements in the flowchart. Delineate section headers with "==" wiki text.

Agencies Enter agency or multiple agencies, separated by semi-colons.

References [[FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing | FERC Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing]]; [[FERC Online eLibrary]] Enter multiple References, separated by semi-colons. Use standard wiki text for links.

Regulations [[Federal Power Act]]; [[Title 18 CFR 5 Integrated License Application Process | 18 CFR 5 Integrated Licensing Process]];[[Title 18 CFR 4 Licenses, Permits, Exemptions, and Determination of Project Costs | 18 CFR 4 Licenses, Permits, Exemptions, and Determination of Project Costs]];[[Title 15 USC 3416 Judicial Review | 15 USC 3416 Judicial Review]];[[Title 16 USC 825l Review of Orders | 16 USC 825l Review of Orders]];[[Title 43 CFR 45 Conditions and Prescriptions in FERC Hydropower Licenses | 43 CFR 45 Conditions and Prescriptions in FERC Hydropower Licenses]] Enter multiple Regulations, separated by semi-colons. Use standard wiki text for links.