43 CFR 3212.22 - What criteria establish a new facility for the purpose of obtaining a production incentive?
(a) Criteria for determining whether a project is a new facility for the purpose of obtaining a production incentive include:
(1) The project requires a new site license or facility construction permit if it is on Federal lands;
(2) The project requires a new Commercial Use Permit;
(3) The project includes at least one new turbine-generator unit;
(4) The project involves a new sales contract;
(5) The project involves a new site or substantially larger footprint; and
(6) The project is not contiguous to an existing project.
(b) Generally, a new facility will not:
(1) Be permitted only with a Geothermal Drilling Permit;
(2) Be constructed entirely within the footprint of an existing facility; or
(3) Involve only well-field projects such as drilling new wells, increasing injection, and enhanced recovery projects.