FPISC Proposed Rule “Mining” Definition under FAST-41

The FPISC published a proposed rule to revise the scope of “mining” sector projects eligible for coverage under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). Under the Trump Administration, the Permitting Council added “mining” as a FAST–41 sector in January 2021. This proposed rule would: (1) revise the FAST–41 “mining” sector to apply solely to critical minerals mining projects; and (2) expand the scope of the sector to include infrastructure constructed to support critical minerals supply chain activities, including critical minerals beneficiation, processing, and recycling.  The proposed rule included recommendations to integrate best practices for tribal and community engagement.