Environmental Permitting

DHS serves as a member of the Federal Permitting Improvement Steering Council (Permitting Council), created under Title 41 of the Fixing America’s Surface Transportation (FAST-41) Act of 2015. FAST-41 created a governance structure, set of procedures, and funding authorities designed to improve the timeliness, predictability, and transparency of the Federal environmental review and authorization process for covered infrastructure projects. To be eligible for the voluntary FAST-41 program, a “covered project” must be categorized within one of eighteen (18) specific infrastructure sectors and meet at least one of the four sets of criteria. 

Once a project is covered by FAST-41, it is placed on the Permitting Dashboard, allowing Federal agencies, project sponsors, other stakeholders, and the public to track project review and permitting in real time. This online tool promotes coordination, transparency, and accountability for all interested parties. More information on the Permitting Council and the infrastructure sectors and criteria for covered projects, as well as the FAST-41 process can be found on the Permitting Council’s website.   

The Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law, amended FAST-41 and gave the Permitting Council Executive Director new authority to direct an agency to add a project that is not a FAST-41 covered project to the Federal Permitting Dashboard in the interest of transparency. These “transparency projects” include large, complex, or significant infrastructure projects.

Currently, the U.S. Coast Guard (USCG) is the only DHS Component that issues permits for FAST-41 covered projects. USCG administers bridge permits, reviewing the location and plans of bridges and causeways that cross navigable U.S. waters, as well as exercising regulatory authority over liquefied natural gas facilities, which affect the safety and security of port areas and navigable waterways. The USCG may serve as the NEPA lead, cooperating, or participating agency for FAST-41 covered projects, which may include:

• Offshore wind energy projects,
• Construction or modification of bridges across navigable waters of the U.S.,
• Construction of new waterfront export facilities (e.g., liquefied natural gas), and
• Consultation on navigation.

All FAST-41-covered and transparency projects can be found on the Permitting Dashboard.

Additionally, DHS may receive applications requesting to install broadband communications equipment and facilities on DHS-owned lands or assets pursuant to the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOW). The MOBILE NOW Act established a framework for a streamlined review process for federal agencies to issue a decision to approve or deny applications for installing broadband on federal property. 

Inquiries regarding DHS’s environmental permitting can be directed to DHS’ Environmental Planning and Historic Preservation Program at sep-ephp@hq.dhs.gov.