Federal Permitting Improvement Steering Council Extends Comment Period on Proposed Revisions for Mining Project Coverage Under FAST-41

On September 22, 2023, the Federal Permitting Improvement Steering Council (FPISC) published a proposed rule in the Federal Register revising the criteria for mining projects to be eligible for coverage under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). FAST-41 aims to improve the federal permitting process for covered infrastructure projects without predetermining outcomes of permitting decisions.

The proposed rule amends the coverage of mining projects by limiting it solely to “critical minerals mining projects,” including infrastructure constructed to support critical minerals supply chain activities, critical minerals beneficiation, processing, and recycling.

FPISC has certified that the proposed rule will not have a significant economic impact on a substantial number of small entities.

Comments on the proposed rule are now due November 22, 2023.