House panel hears bill to open federal fast-track permitting to smaller projects

A bipartisan bill to lower the investment threshold for federal fast-track permitting drew support from both the current and former directors of the Federal Permitting Improvement Steering Council at a House subcommittee hearing Tuesday. The current director said the council supports the bill as written. The former director warned that the program cannot compel agencies to comply with permitting timelines.

The hearing, held by the House Natural Resources Subcommittee on Energy and Mineral Resources, considered three bills. Most testimony focused on H.R. 8003, which would expand FAST-41 eligibility to smaller projects.

The Threshold Change

H.R. 8003 would cut the FAST-41 eligibility threshold from $200 million to $50 million starting January 1, 2027. Broadband qualifies now only through a tribal exemption. Water and small energy projects routinely fall below the current bar. "I have heard from numerous project sponsors that the investment threshold is simply too high for their various projects to qualify. These projects span across multiple sectors, from energy and electricity transmission to broadband, ports, and waterways," council Executive Director Emily Domenech said.

Domenech said the Permitting Council supports H.R. 8003 as written. Witnesses across the hearing also emphasized that FAST-41 does not waive environmental reviews or alter the substantive environmental laws that govern federal decisions. It changes how the government manages the permitting process.

Enforcement Limits

Former council director Eric Beightel backed the bill but said the program lacks enforcement teeth when agencies do not comply with timelines. He noted that obstruction of clean energy projects is occurring and that the FAST-41 process assumes good faith that is not consistently present.

Two solar projects on the permitting dashboard have passed the 60-day statutory deadline for producing a coordinated permitting plan. Rep. Jared Huffman raised the issue during questioning, and Domenech acknowledged the council had reported those projects to Congress as nonconforming. "I don't actually have the ability to force an agency to give me a timetable," Domenech said.