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FAST-41 Covered Project 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 for Covered Projects

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

  1. Conventional energy production

  2. Mining 

  3. Electricity transmission

  4. Surface transportation

  5. Aviation

  6. Ports and waterways

  7. Water resource projects

  8. Broadband

  9. Pipelines

  10. Manufacturing

  11. Carbon capture

  12. Semiconductors

  13. Artificial intelligence and machine learning

  14. High-performance computing, advanced computer hardware and software

  15. Quantum information science and technology 

  16. Data storage and data management

  17. Cybersecurity

  18. Energy storage

  19. Renewable energy production

     

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. 

Learn more about the FIN submission process.

FAST-41 Transparency Projects

Title 41 of the Fixing America’s Surface Transportation Act (FAST-41), 42 U.S.C. § 4370m-2(b)(2)(A)(iii) authorizes the Executive Director to post projects to the Dashboard in the interest of transparency. This allows the Permitting Council to provide support that might otherwise not be a fit for FAST-41 coverage, but align with Executive Orders from the President and administration priorities. 

This authority was used for the first time in Permitting Council history under the Trump administration, upon receiving specific direction in the March 2025 Executive Order: Immediate Measures to Increase American Mineral Production. 

Last Updated: Thursday, February 19, 2026