Project Comparison Chart
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| Qualifying Conduit Hydropower Facility | Conduit Exemption | 10-MW Exemption | License | |
|---|---|---|---|---|
| Installed Capacity Limitations | 40 MW or less | 40 MW or less | 10 MW or less | Unlimited |
| Location Limitations in Addition to Off-Limits Sites | Must be located on a non-federally owned conduit used for agricultural, municipal, or industrial consumption Not an integral part of a dam Cannot be at a project licensed or exempted under Part I of the FPA as of August 9, 2013 |
Must be located on a conduit used for agricultural, municipal, or industrial consumption Not an integral part of a dam |
Must be located at an existing dam or natural water feature Cannot be located at a dam owned or operated by the federal government Powerhouse is located no further than 500 feet from the existing project dam and would derive a significant portion of head from the dam (at least 36 percent) |
|
| Ownership Limitations | Proof of ownership not required, but must verify the conduit is not owned by the federal government | Must have all real property rights necessary to develop and operate the project or an option to obtain such interests Proof of ownership required at time of filing the application |
If located on private lands, must have all real property rights necessary to develop and operate the project or an option to obtain such interests Proof of ownership required at time of filing the application |
Proof of ownership not required at time of filing the application; power of eminent domain may be conferred by section 21 of the FPA, 16 U.S.C. § 814 |
| Term Limitations | Not Applicable | Issued in perpetuity | Issued in perpetuity | Up to 50 years for license |
| May be Subject to the Following Mandatory Conditions | No conditions under the FPA may be imposed | Federal and state fish and wildlife conditions under section 30(c) of the FPA, 16 U.S.C. § 823a(c) Federal reservation conditions under section 4(e) of the FPA, 16 U.S.C. § 797(e) |
Federal and state fish and wildlife conditions under section 30(c) of the FPA, 16 U.S.C. § 823a(c) Federal reservation conditions under section 4(e) of the FPA, 16 U.S.C. § 797(e) |
Federal reservation conditions under section 4(e) of the FPA, 16 U.S.C. § 797(e) Fishway prescriptions under section 18 of the FPA, 16 U.S.C. § 811 |
| Consultation Requirements | Not Applicable | 3-stage consultation required under 18 C.F.R. § 4.38 With concurrence from all resource agencies, the applicant may seek waiver of the consultation requirements under 18 C.F.R. § 4.38(e) |
3-stage consultation required under 18 C.F.R. § 4.38 With concurrence from all resource agencies, the applicant may seek waiver of the consultation requirements under 18 C.F.R. § 4.38(e) |
Integrated Licensing Process (ILP) required under 18 C.F.R § 5 If waiver of ILP regulations was sought under 18 C.F.R. § 5.1(f), and granted, then 3-stage consultation required under 18 C.F.R. § 4.34(i) for the Alternative Licensing Process or 18 C.F.R. § 4.38 for the Traditional Licensing Process With concurrence from all resource agencies, the applicant may seek waiver of the consultation requirements under 18 C.F.R. § 4.38(e) |
| Preparation of Environmental Document | Categorically exempt from preparing an environmental document under 18 C.F.R. § 380.4(a)(3) | Categorically exempt from preparing an environmental document under 18 C.F.R. § 380.4(a)(14) unless determined necessary | Prepared consistent with NEPA | Prepared consistent with NEPA |
| Project Boundary | Not Applicable | Includes powerhouse and connection to conduit (excludes the transmission line and the conduit itself). | Includes all associated lands and facilities, such as the powerhouse, dam, impoundment, transmission line, and any lands that fulfill a project purpose (e.g., recreation, resource protection, and access roads). | Includes all associated lands and facilities, such as the powerhouse, dam, impoundment, transmission line, and any lands that fulfill a project purpose (e.g., recreation, resource protection, and access roads). |
| Filing Fees | None | None | None | None |
| Annual Charges | Not Applicable | Currently projects up to 1.5 MW not charged | Currently projects up to 1.5 MW not charged | Currently projects up to 1.5 MW not charged |
| Implementing Statutes | FPA section 30(a). 16 U.S.C. § 823a (a) |
FPA section 30(b). 16 U.S.C. § 823a(b) | Public Utility Regulatory Policies Act (PURPA) sections 405 and 408. 16 U.S.C. §§ 2705 and 2708 |
FPA sections 4 thru 27 16 U.S.C. §§ 797-821 |
| Application Regulations | 18 C.F.R. §§ 4.400-4.401 Please visit How to File a Notice of Intent to Construct a Qualifying Conduit Hydropower Facility section of our website |
18 C.F.R. §§ 4.90-4.96 | 18 C.F.R. §§ 4.101-4.108 | 18 C.F.R. § 5 (Integrated Licensing Process) 18 C.F.R. §§ 4.30-4.61(Traditional Licensing Process) 18 C.F.R. § 4.34(i) (Alternative Licensing Process) |
For a narrative description of the project types, see: Conduit Exemption, 10-MW Exemption, and License.