Key Observations on the FAST-41 Transparency Projects Announced by the Permitting Council on April 18, 2025
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Key Observations on the FAST-41 Transparency Projects Announced by the Permitting Council on April 18, 2025

On April 18, 2025, the Federal Permitting Improvement Steering Council (Permitting Council) identified ten critical mineral projects as FAST-41 Transparency Projects on the Federal Permitting Dashboard (the Projects). Inclusion on the Dashboard is intended to streamline approvals for qualifying projects by enhancing interagency coordination to facilitate a more efficient permitting process with increased transparency.

This announcement is one of the first concrete actions publicly announced under President Trump’s Immediate Measures to Increase American Mineral Production executive order issued on March 20, 2025 (the Mining Order). The Mining Order, among other things, directed the heads of several agencies to provide the National Energy Dominance Council (NEDC) a list of  priority projects that could be expedited for approval and permitting. This list of the first Projects to be identified under this directive reflects a diverse selection of geographies, minerals, and development status.

A few key takeaways:  

  • Geographic Diversity. The list identifies Projects in nine states: Alabama, Arizona, Arkansas, Idaho (with two projects), Michigan, Montana, Nevada, Oregon, and Utah. In addition, Project sponsors include both US companies and leading mining and mineral processing companies based outside the United States, including Canadian and Australian partners.
  • Broad Definition of “Critical Minerals." Consistent with the approach in the Mining Order and subsequent actions, the list applies an expansive definition of “critical minerals,” including minerals previously included on the definition of “critical minerals” under 30 U.S.C. § 1606(a)(3), minerals added in the Mining Order, such as potash and gold, and coal, which was included as minerals through the Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 14241. The descriptions of the ten Projects identify the following target minerals: antimony, copper, gold, lithium, lithium carbonate, metallurgical coal, molybdenum, phosphate, potash, and silver.
  • Project Status. Seven of the Projects are in the pre-production phase, with two of those in the exploration stage and four nearing final permitting stages; the remaining Projects include three expansions of existing Projects and one processing facility currently in the permitting stage. Several of the Projects aim to reactivate historical mines while incorporating beneficial reclamation that otherwise may not occur as part of the project.
  • Reviewing Agencies. The Permitting Dashboard identifies the lead agency for each of the FAST-41 Transparency Projects, with five Projects led by the Department of the Interior Bureau of Land Management (BLM), three led by the Department of Agriculture US Forest Service (USFS), and two led by the Department of Energy (DOE).
  • What Happens Next? The announcement indicates that additional projects are anticipated to be identified as FAST-41 Transparency Projects on a rolling basis. While inclusion on the FAST-41 list is expected and intended to accelerate the development and approvals for listed projects, the FAST-41 website notes that inclusion on the list does not guarantee favorable review or approval of permits, or eligibility for federal funding.

To stay informed on developments regarding critical mineral projects and related legal considerations, subscribe to the Nickel Report or contact our team for guidance on navigating the mining and mineral exploration permitting process and maintaining compliance with regulatory requirements.

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    Marty is a natural resources and project development attorney who helps clients with property transactions, rezonings, and permitting throughout the US, including defense of permits that are challenged in court. He develops land ...

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