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FAST-41 Eligibility

FAST-41 offers many benefits to project developers and optimizes the permitting process so that infrastructure developers get a permitting decision in a timely manner.

Participation in the FAST-41 program is voluntary. Sponsors of infrastructure projects that meet FAST-41’s eligibility criteria must request coverage to obtain program benefits by submitting a FAST-41 Initiation Notice (FIN). When submitting a FIN, a project sponsor must show that the project meets FAST-41 eligibility requirements, which are listed below.

FAST-41 Eligibility Requirements

FIRST — the project must be in one of the following industry sectors:

  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 – The project must meet the criteria in one of the four pathways to becoming a Covered Project listed below:

  1. Standard Pathway

    • Project is subject to the National Environmental Policy Act (NEPA)

    • Project is likely to require a total investment of more than $200,000,000

    • Project does not qualify for “abbreviated authorization or environmental review processes”  under any applicable law

  2. Discretionary Pathway

    • Project is subject to NEPA

    • Project is of a size and complexity that makes it, in the opinion of the Permitting Council, likely to benefit from enhanced oversight and coordination, including (but not limited to) a project likely to require:

      1. Authorization from or environmental review involving more than two Federal agencies; or

      2. The preparation of an environmental impact statement (EIS) under NEPA.

  3. Tribal Sponsored Pathway

    • Project is subject to NEPA

    • Project is sponsored by an Indian Tribe, an Alaska Native Corporation, a Native Hawaiian Organization (as defined in section 7517 of title 20), the Department of Hawaiian Home Lands, or the
      Office of Hawaiian Affairs

    • Project is located on land owned or under the jurisdiction of the entity that sponsors the activity

    Projects submitting a FIN based on the Tribal sponsored pathway  are exempt from “abbreviated authorization or environmental review” limitation and from the $200 million threshold in the standard pathway

  4. Carbon Capture Pathway

    • Construction of infrastructure for “carbon capture” includes construction of:

      • Any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture

      • Carbon dioxide pipelines

    • Criteria:

      • Project is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines

      • Projects submitting a FIN based on the carbon capture pathway are exempt from the “subject to NEPA” requirement that applies in all other categories.

THIRD – Project sponsors must request FAST-41 coverage:

To become a FAST-41 covered project, sponsors need to submit a FAST-41 Initiation Notice (FIN) with basic information about the project using either an online FIN submission tool or via email: 

Last Updated: Wednesday, December 11, 2024