Streamlining Infrastructure Development: Understanding the FAST-41 Permitting Process

The FAST-41 program is designed to accelerate the federal permitting and review process for qualifying infrastructure projects, offering significant advantages to project developers by ensuring timely permitting decisions. This voluntary program aims to optimize the often complex and lengthy permitting procedures, crucial for the swift advancement of essential infrastructure.

Participation in FAST-41 is optional, but highly beneficial. To leverage the program’s advantages, infrastructure project sponsors whose projects meet the specified eligibility criteria must formally request inclusion by submitting a FAST-41 Initiation Notice (FIN). This FIN submission must demonstrate that the project aligns with FAST-41’s eligibility requirements, detailed below.

Decoding FAST-41 Eligibility: Key Requirements

To qualify for the FAST-41 program, projects must satisfy three primary sets of criteria, ensuring they are the types of infrastructure development that benefit most from expedited and coordinated permitting.

FIRST — Sector Alignment: Industry Categories

The initial criterion mandates that a project must fall within one of the specifically designated critical infrastructure sectors. These sectors are vital to the nation’s economy and security, and FAST-41 prioritizes their efficient development. The eligible industry sectors include:

1. Renewable energy production
2. Conventional energy production
3. Electricity transmission
4. Surface transportation
5. Aviation
6. Ports and waterways
7. Water resource projects
8. Broadband
9. Pipelines
10. Manufacturing
11. Semiconductors
12. Artificial intelligence and machine learning
13. High-performance computing, advanced computer hardware and software
14. Quantum information science and technology
15. Data storage and data management
16. Cybersecurity
17. Carbon capture
18. Energy storage
19. Mining

SECOND – Project Pathway: Qualifying for Covered Project Status

Beyond sector alignment, projects must also meet the criteria defined within one of four distinct pathways to be officially designated as a “Covered Project” under FAST-41. These pathways cater to different project types and complexities.

1. Standard Pathway: This pathway is for large-scale projects requiring significant environmental review.

   • The project must be subject to review under the National Environmental Policy Act (NEPA), a cornerstone of environmental protection.
   • It must involve a substantial financial undertaking, with a likely total investment exceeding $200 million.
   • Critically, the project must not be eligible for “abbreviated authorization or environmental review processes” under any relevant laws, indicating its complexity necessitates a full review.

2. Discretionary Pathway: This pathway offers flexibility for projects that, while potentially not meeting the standard pathway’s financial threshold, are complex and benefit from enhanced oversight.

   • Like the Standard Pathway, projects must be subject to NEPA.
   • The Permitting Council has the discretion to include projects of significant size and complexity that would gain from increased coordination. This often includes projects likely to require:
     • Approvals or environmental reviews from more than two Federal agencies, highlighting inter-agency coordination needs.
     • The preparation of a comprehensive Environmental Impact Statement (EIS) under NEPA, signaling significant potential environmental effects.

3. Tribal Sponsored Pathway: This pathway is specifically designed to support infrastructure development led by Tribal entities.

   • Projects must be subject to NEPA.
   • Eligible sponsors include Indian Tribes, Alaska Native Corporations, Native Hawaiian Organizations, the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs, recognizing the unique status of these entities.
   • The project must be located on land owned or under the jurisdiction of the sponsoring entity, respecting tribal sovereignty and land rights.
   • Projects under this pathway benefit from exemptions, not being subject to the “abbreviated authorization or environmental review” limitation or the $200 million investment threshold of the Standard Pathway, acknowledging the unique challenges and priorities of tribal infrastructure.

4. Carbon Capture Pathway: Recognizing the urgency of carbon emissions reduction, this pathway specifically targets carbon capture infrastructure projects.

   • This pathway focuses on the construction of infrastructure dedicated to “carbon capture,” encompassing facilities, technologies, and systems that capture, utilize, or sequester carbon dioxide emissions, including direct air capture projects and carbon dioxide pipelines, crucial for climate change mitigation efforts.
   • Criteria: Projects must be covered by a programmatic plan or environmental review specifically developed to facilitate the deployment of carbon dioxide pipelines, streamlining the permitting for this critical infrastructure.
   • Notably, projects applying through the carbon capture pathway are exempt from the “subject to NEPA” requirement that applies to all other categories, acknowledging the unique nature and urgency of carbon capture projects.

THIRD – Formal Application: Requesting FAST-41 Coverage

The final step to initiate the FAST-41 process is a formal request. Project sponsors must actively seek FAST-41 coverage to be considered.

To officially become a FAST-41 covered project, sponsors are required to submit a FAST-41 Initiation Notice (FIN). This notice provides essential preliminary information about the project. Submissions can be made conveniently through an online FIN submission tool or via email, offering flexibility in the application process.

This streamlined approach via FAST-41 represents a significant step towards efficient infrastructure development, ensuring that vital projects can navigate the permitting process more swiftly and effectively.