A proposed rule published by the Federal Permitting Improvement Steering Council would add mining as a sector of projects eligible for coverage under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). Established in 2015, FAST-41’s intent was to improve the timelines of the federal environmental review and authorization process for major infrastructure projects.

If passed, qualified mining infrastructure projects (those subject to National Environmental Policy Act (NEPA) review, require a total investment of $200 million or more, and not eligible for other abbreviated environmental review) would be eligible under FAST-41 on a nondiscretionary basis. While coverage does not predetermine the outcome of any federal decision-making process, the goal is to have timely federal agency review; enhanced interagency coordination; and improved predictability, accountability, and transparency of the federal review and authorization processes and certain legal protections.

Comments on the proposal may be submitted by Dec. 28, 2020. Submit them here.

“The public has an opportunity to provide comments on the Federal Permitting Council’s proposal to add the Mining Sector under FAST-41. The deadline for submission is Dec. 28.”

Todd Glindeman, Mining and Waste Market Sector Director