FAST-41 and Permitting Council Coordination

Established in 2015 by Title 41 of the Fixing America’s Surface Transportation Act (FAST-41), the Permitting Council is a federal agency charged with improving the transparency and predictability of the federal environmental review and authorization process for certain critical infrastructure projects. The Permitting Council is comprised of the Permitting Council Executive Director, who serves as the Council Chair; 13 federal agency Council members (including deputy secretary-level designees of the Secretaries of Agriculture, Army, Commerce, Interior, Energy, Transportation, Defense, Homeland Security, and Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Chairs of the Federal Energy Regulatory Commission, Nuclear Regulatory Commission, and the Advisory Council on Historic Preservation); and the Chair of the White House Council on Environmental Quality and the Director of the Office of Management and Budget.

Reagan Smith with the Permitting Council coordinates federal environmental reviews and authorizations for projects that seek and qualify for FAST-41 coverage. FAST-41 covered projects are entitled to comprehensive permitting timetables and transparent, collaborative management of those timetables on the Federal Permitting Dashboard. FAST-41 covered projects may be in the energy production, electricity transmission, energy storage, surface transportation, aviation, ports and waterways, water resource, broadband, pipelines, manufacturing, mining, carbon capture, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, and cybersecurity sectors.

Wildlife, NEPA and Cultural Resources Compliance

The Reagan Smith team performed all wildlife and vegetation surveys including Red-cockaded Woodpecker surveys in order to comply with the Endangered Species Act. RCW Surveys and NEPA Compliance

Red-cockaded Woodpecker (RCW) surveys play a critical role in ensuring compliance with the National Environmental Policy Act (NEPA), particularly for projects located in or near the species' habitat in the southeastern United States. As a federally listed endangered species, the RCW is protected under the Endangered Species Act (ESA), and any potential impacts to its habitat must be thoroughly assessed during the NEPA review process.

RCW surveys are used to determine the presence, status, and habitat usage of RCW populations in project areas. These surveys must follow strict U.S. Fish and Wildlife Service (USFWS) protocols to ensure data accuracy and legal defensibility. The results inform environmental assessments (EAs) or environmental impact statements (EISs), which are required under NEPA for federal or federally funded projects.

Conducting RCW surveys early in the project planning phase allows agencies and developers to avoid or minimize impacts through route adjustments, timing restrictions, or habitat conservation measures. Accurate survey data also supports consultation under Section 7 of the ESA, a process integrated into NEPA to ensure that federal actions do not jeopardize protected species.

In summary, RCW surveys are a vital component of NEPA compliance for projects in RCW territory. They provide critical data that supports responsible decision-making, protects endangered species, and helps move projects forward in line with environmental regulations.

Permit Approvals

The Reagan Smith team provided complete project management support working with subcontractors and Forest Service and Bureau of Land management officials to ensure all timelines were met.

Reagan Smith, Inc. plays a critical role in supporting projects like the Cobra Master Development Plan (MDP) by guiding clients through the complex regulatory and permitting landscape. As a women-owned small business with deep expertise in environmental and cultural resource consulting, Reagan Smith helps ensure full compliance with federal requirements, including NEPA, NHPA (Section 106), Endangered Species Act, and other environmental laws that govern infrastructure and energy projects.

For a project like Cobra MDP, Reagan Smith provides essential services such as conducting biological and cultural resource surveys, preparing Environmental Assessments (EAs) or supporting Environmental Impact Statements (EISs), coordinating with federal agencies like BLM and the U.S. Forest Service, and developing GIS-based mapping for land use planning and impact analysis. The firm also supports Section 106 consultations, ensuring proper documentation and coordination with State Historic Preservation Offices (SHPOs) and tribal governments.

In addition, Reagan Smith assists with drafting and submitting key permit applications, managing timelines, and ensuring that all required documentation aligns with FAST-41 project schedules. By integrating environmental expertise with deep knowledge of interagency processes, Reagan Smith helps keep projects on schedule, within budget, and in full regulatory compliance—ultimately enabling responsible development and contributing to national goals like unleashing American energy.