DoD Siting Clearinghouse, Office of the Assistant Secretary of Defense (Energy, Installations and Environment) (EI&E)

Fixing America’s Surface Transportation (FAST) Act

The Administration is focused on the renewal of public infrastructure and reducing the amount of time for federal approvals. The National Economic Council, Office of Management and Budget, and Council on Environmental Quality are working with federal agencies to improve environmental reviews and permitting processes for public infrastructure projects.

Fixing America’s Surface Transportation (FAST) Act was signed into law on December 4, 2015. Title 41 of this Act (42 U.S.C. § 4370m et seq.), referred to as “FAST-41,” and created a new governance structure, set of procedures, and authority to establish a fee or transfer appropriations from certain agencies to improve the timeliness, predictability, and transparency of the Federal environmental review and authorization process for covered infrastructure projects.

Please note, that while Department of Defense (DoD) is a member agency, DoD is not a permitting agency (the Army Corps of Engineers is a separate member). If you want to participate in FAST-41, the DoD Siting Clearinghouse (Clearinghouse) recommends going to the Federal Permitting Improvement Steering Council (FPSIC) Permitting Dashboard for more information.

Regardless of whether you take part in the FAST-41 process or not, the Clearinghouse encourages developers to seek an informal review to identify potential impacts to DoD for projects that could be developed in areas owned or utilized by the DoD, such as, installation boundaries, military training routes, special use airspace etc (particularly if energy related). To promote transparency and early coordination during a project’s siting process, the Clearinghouse has provided GIS datasets on our website, to allow developers to view these areas of interest. If you have a project that either falls in the area of interest or any project you would like DoD to review, please go to our Informal Review page to review what project information is required and how to submit.

Projects may be eligible to be covered under FAST-41 if they:

  • involve construction of infrastructure,
  • require authorization or environmental review by a Federal agency,
  • are subject to the National Environmental Policy Act of 1969 (NEPA),
  • are likely to require a total investment of more than $200 million, and
  • do not qualify for an abbreviated environmental review and `authorization process.

Projects may also be covered if they are subject to NEPA and, due to their size and complexity, FPISC determines that the FAST-41 coordination process and oversight would be beneficial.

FAST-41 applies to the following sectors:

  • Conventional energy production
  • Renewable energy production
  • Electricity transmission
  • Surface transportation
  • Aviation
  • Ports and waterways
  • Water resource projects
  • Broadband
  • Pipelines
  • Manufacturing

Note: Additional sectors may be considered by the Council.

-The FPISC has a public Dashboard for updated information related to Federal infrastructure Projects - Permitting Dashboard.
-Overview of the FPISC and the streamlining process: Improving Federal Permitting & Approvals Processes
-Federal Highways Administration FAST Act: https://www.fhwa.dot.gov/fastact/

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