Policy
FAST-41 permitting and US rare earth projects
FAST-41 is a federal program that sets a published timetable for every agency permit a major project needs and tracks it on a public dashboard. Title 41 of the Fixing America's Surface Transportation Act created it in 2015, and the Federal Permitting Improvement Steering Council runs it. Two rare earth projects tracked here are in it: Bear Lodge in Wyoming as a covered project and Sheep Creek in Montana as a transparency project.
FAST-41 is a process, not money. It sets dates and coordinates agencies, and it does not decide whether a permit is granted.
Verified through Oct 1, 2026
At a glance
- Created by
- Title 41 of the Fixing America's Surface Transportation Act (2015)
- Run by
- The Federal Permitting Improvement Steering Council (Permitting Council)
- What it adds
- A comprehensive permitting timetable and a public dashboard for each project
- Two tiers
- Covered projects, accepted into FAST-41, and transparency projects, posted on the dashboard at the Executive Director's direction
- Not included
- Funding, a guaranteed permit, state and local approvals
- Critical mineral project covered
- 54thBear Lodge, Mar 20, 2026
- Rare earth projects tracked here
- 2Bear Lodge (covered), Sheep Creek (transparency)
- Bear Lodge timetable ends
- Mar 2028Forest Service lists a decision in Jul 2028
- Sheep Creek decision estimated
- Jul 2027Forest Service estimate
What is FAST-41?
FAST-41 is a federal permitting program created by Title 41 of the Fixing America's Surface Transportation Act in 2015. The Federal Permitting Improvement Steering Council sets a timetable for each federal permit a qualifying project needs and tracks it on the public Federal Permitting Dashboard.
The Permitting Council is made up of its executive director, 13 federal agency members and the chairs of the Council on Environmental Quality and the Office of Management and Budget. It coordinates reviews, while a lead agency handles the project: the Forest Service for a rare earth mine on National Forest land, as at Bear Lodge.
Since 2025 the program has added many mining projects. The Council called Bear Lodge the 54th critical mineral and mining project to join FAST-41 when it announced the project on Mar 20, 2026.
What is the difference between a FAST-41 covered project and a transparency project?
A covered project is accepted into FAST-41 and entitled to a comprehensive permitting timetable managed on the dashboard. A transparency project is posted on the dashboard at the Executive Director's direction in the interest of transparency, with a scheduled timeline. Bear Lodge is covered, and Sheep Creek is a transparency project.
| Feature | Covered project | Transparency project |
|---|---|---|
| How it gets there | The project qualifies and is accepted as a covered project under Title 41. | The Permitting Council's Executive Director directs it onto the dashboard. |
| What it gets | A comprehensive permitting timetable and transparent, collaborative management of that timetable. | A scheduled timeline posted on the Federal Permitting Dashboard. |
| Rare earth example | Bear Lodge, Wyoming, covered on Mar 20, 2026. | Sheep Creek, Montana, added on Nov 19, 2025. |
Which US rare earth projects are in FAST-41?
Two rare earth projects tracked in this directory are in FAST-41: Bear Lodge in Wyoming, a covered project since Mar 20, 2026, and Sheep Creek in Montana, a transparency project since Nov 19, 2025. Both are on National Forest land and both involve the Forest Service. The Dewey-Burdock uranium project in South Dakota was the first Black Hills mining proposal in the program.
| Project | Tier and date | Lead agency and sponsor | Federal dates | Notes |
|---|---|---|---|---|
| Bear LodgeCrook County, Wyoming | Covered projectMar 20, 2026 | Forest Service; sponsor Rare Element Resources | Plan of operations submitted Mar 20, 2026. Scoping ran from late Jul to Aug 28, 2026. The FAST-41 timetable ends Mar 2028 (directory record); the Forest Service lists an estimated decision in Jul 2028; the company expects permitting to finish by early 2028. | The 54th critical mineral and mining project in FAST-41. Radioactive materials licensing is separate: see NRC and Agreement State licensing. |
| Sheep CreekRavalli County, Montana | Transparency projectNov 19, 2025 | Forest Service; sponsor US Critical Materials | Forest Service estimates: scoping Aug 2026, decision Jul 2027, implementation Oct 2027. | Gallium and rare earth exploration project. Ravalli County commissioners voted to ask the congressional delegation to remove it from the list, citing a lack of public engagement. |
Both projects have their own profile with permits, public comment and community issues. The Permitting Council's other critical mineral projects, such as Nikolai Nickel in Alaska, are not rare earth projects.
How does FAST-41 change the timeline for a rare earth mine?
FAST-41 does not remove permits or environmental review. It sets target dates for each agency step, publishes them on a dashboard and gives the project a coordinated review. Press reports say the Permitting Council estimates it can cut about 18 months from a review, a figure this directory has not verified.
- Mar 20, 2026 Plan of operations submitted; project becomes covered Done Rare Element Resources files its mine plan of operations with the Black Hills National Forest the same day the Permitting Council announces FAST-41 coverage.
- Jul 29, 2026 Forest Service begins the review Done A 30-day public scoping period follows and runs to Aug 28, 2026. Under FAST-41 the review has no draft environmental impact statement or objection stage, according to press coverage, so scoping is a main chance to comment.
- Early 2028 Company expects federal and state permitting to finish Company Rare Element Resources' own expectation.
- Mar 2028 FAST-41 timetable ends Next The scheduled end of the Bull Hill plan of operations timetable, as recorded in this directory.
- Jul 2028 Forest Service estimated decision Next The date the Forest Service project page lists for a decision.
What does FAST-41 not do for a rare earth project?
FAST-41 does not fund a project, guarantee a permit or cover state and local approvals. It also does not replace the radioactive materials licensing that thorium-bearing rare earth ore can trigger. It is a federal process listing, so this directory counts it as support but not as money.
In Wyoming the state air, water and land permits and the radioactive materials license run beside the federal review. In Montana the state's Metal Mine Reclamation Act applies to Sheep Creek in addition to the Forest Service decision.
Coverage can also draw opposition. In Montana, county commissioners asked to drop Sheep Creek from the list, and residents cite water and fish in the Bitterroot headwaters. The Forest Service decides whether a project proceeds, and the dashboard only shows the schedule.
Which US projects, companies and states does this touch?
The pages below carry the figures, the sources and the dates for each project or company named here.
- Bear LodgeA covered project since Mar 20, 2026, with a scoping period that ended Aug 28, 2026
- Rare Element ResourcesThe sponsor of Bear Lodge and owner of the Upton demonstration plant
- Sheep CreekA transparency project facing local opposition
- US Critical MaterialsThe sponsor of Sheep Creek and a research partner of Idaho National Laboratory
- Rare earth in WyomingPermits for Bear Lodge, Halleck Creek and Brook Mine
- Rare earth in MontanaSheep Creek and the Lemhi Pass district
- NRC and Agreement State licensingThe radioactive materials step that FAST-41 does not cover
- Projects in developmentHow Bear Lodge compares with its stage peers
Questions about FAST-41 permitting
What is FAST-41?
FAST-41 is a federal permitting program created in 2015 by Title 41 of the FAST Act. The Permitting Council sets a timetable for each federal permit a qualifying project needs and publishes it on the Federal Permitting Dashboard.
Is Bear Lodge a FAST-41 project?
Yes. The Permitting Council announced Bear Lodge as a FAST-41 covered project on Mar 20, 2026, the 54th critical mineral and mining project in the program. The Forest Service is the lead agency and Rare Element Resources is the sponsor.
Is Sheep Creek a FAST-41 project?
Yes, as a transparency project since Nov 19, 2025. Its schedule is posted on the dashboard, with a Forest Service decision estimated for Jul 2027. Ravalli County commissioners asked to remove it from the list.
Does FAST-41 guarantee a permit?
No. It sets target dates and coordinates the agencies. The lead agency still decides, and state, local and radioactive materials approvals are separate.
Does FAST-41 give a project money?
No. It is a permitting process and not funding, so it is not counted in the totals of the government support tracker.
What is the difference between covered and transparency projects?
A covered project is accepted under Title 41 and gets a comprehensive timetable. A transparency project is directed onto the dashboard by the Executive Director in the interest of transparency, with a scheduled timeline.
Sources and verification
Each profile lists its sources, a confidence grade and a verification date. Order of authority: official records (SEC filings, agency documents), company documents and technical reports, research papers, then independent press. Syndicated copies and reference works are labeled and are never the only source for a number. Company-reported figures are labeled as such, and non-binding deals are labeled "letter of intent" or "conditional".
- Permitting Council: Bear Lodge Rare Earth project is the latest to gain FAST-41 coverage (Mar 20, 2026) Official record
- Permitting Council: two new critical mineral mining projects added to FAST-41 transparency status (Nov 19, 2025) Official record
- Federal Permitting Dashboard: Bear Lodge Rare Earth project Official record
- Federal Permitting Dashboard: Sheep Creek project Official record
- Forest Service: Bear Lodge Rare Earth Project page Official record
- Forest Service: Sheep Creek Rare Earth Exploration Proposal Official record
- KOTA: second Black Hills mining proposal selected for federal fast-track permitting (Apr 2026) Independent press
- WTOP: locals concerned as the federal process for the Wyoming rare earth mine is fast-tracked (Aug 2026) Independent press
Tags show what kind of source each link is. How sources are ranked
Policy and funding
Which other policy explainers are there?
Nine explainers cover the foreign controls, defense rules, permitting steps and funding programs behind the projects in this directory.
- Policy China export controls Seven elements need a Chinese license since Apr 2025; an October 2025 expansion is suspended.
- Policy DFARS 2027 rule From Jan 1, 2027 defense contracts bar magnets made from Chinese-mined or Chinese-processed material.
- Policy NRC and Agreement State licensing Why thorium and uranium in rare earth ore bring radioactive materials rules, and who enforces them in each state.
- Government support MP Materials Pentagon deal A $400M stake, a $110/kg NdPr floor, a 10-year 10X offtake and a $150M loan, from the agreements themselves.
- Government support NdPr price floor How the $110/kg floor pays out each quarter, with a worked example you can change.
- Government support Project Vault An EXIM-financed critical minerals reserve: who pays, who buys and what is known about rare earths.
- Government support DOE funding awards Every Department of Energy rare earth selection and award, and what "selected for negotiation" means.
- Government support Government equity stakes Where the US government holds or has agreed to take shares or warrants in critical minerals companies.
- Hub All rare earth policy The calendar of policy dates and how the pieces fit together.