Library / Federal agency
US Army Corps of Engineers and federal nexus agencies (NEPA, FAA, SHPO, Permitting Council)
OnboardedFederal requirements apply only when a federal nexus exists (permit, land, funding, loan guarantee). The Corps Section 404 permit is the most common nexus for a private data center. NEPA EIS median was 2.2 years NOI to final EIS for 2024 (CEQ); FAST-41 coverage of the first data center came Apr 2, 2026. The trigger model is AND-only, so the NEPA screen is universal and the NEPA review is keyed to federal.federalPermit.
Sources (6)
| Document | Version | Effective | Notes |
|---|---|---|---|
| FAA Form 7460-1 Notice of Proposed Construction or Alteration (14 CFR Part 77) | — | — | Notice required at 200 ft AGL anywhere, or lower near airports under the Part 77 slope criteria; cranes file separately. |
| FAST-41 (Title 41 of the FAST Act) and Executive Order 14318 on accelerating federal permitting of data center infrastructure | — | 2025-07-23 | EO 14318 targets AI data centers over 100 MW; FAST-41 coverage gives a coordinated federal timetable on the Permitting Dashboard. |
| National Environmental Policy Act as amended by the Fiscal Responsibility Act of 2023; CEQ EIS Timeline Report (Jan 2025) | — | — | CEQ rescinded its NEPA regulations (final Jan 2026); agency-specific procedures govern. Seven County v. Eagle County (May 2025) narrowed review scope. |
| National Historic Preservation Act Section 106 regulations (36 CFR Part 800) | — | — | Consultation with Virginia DHR (SHPO) when a federal undertaking may affect historic properties. Digital Gateway adjoined Manassas Battlefield. |
| USACE Reissuance and Modification of Nationwide Permits (2026 NWP rule) | — | 2026-01-08 | FY2024 averages cited in the rule: 55 days for a nationwide permit verification vs 253 days for an individual permit. |
| USACE permit processing regulations (33 CFR Part 325) | — | — | Individual permit public notice, 401 certification and decision procedure. |
Requirement classes (9)
Triggers are evaluated against project inputs; durations are typical working days.
| Code | Title | Gate | Category | Asset classes | Trigger | Days | Veto | Predecessors | Source / clause |
|---|---|---|---|---|---|---|---|---|---|
| FED-404-DELIN | Wetland delineation and jurisdictional determination Field delineation of waters of the United States and a Corps jurisdictional determination (approved or preliminary). Sets the impact acreage that decides the 404 pathway; do it before the site plan so the layout can be designed under nationwide permit thresholds. Evidence: Delineation report; Corps JD letter; impact acreage table by alternative. | Entitlement | Environmental | all | Applies when wetlands or streams are present on the site | 60 | LC-PREAPP | USACE Reissuance and Modification of Nationwide Permits (2026 NWP rule) — | |
| FED-FAST41 | FAST-41 / EO 14318 coverage eligibility Screen for FAST-41 coverage under Executive Order 14318 (AI data centers over 100 MW), which puts all federal authorizations on a single Permitting Dashboard timetable. FAST-41 cut EIS timelines 45% in FY2020 (FPISC); the first data center was covered Apr 2, 2026. Only useful where a federal nexus exists. Evidence: FAST-41 initiation notice filed, or memo documenting why coverage was not sought. | Entitlement | Federal | Data center | Applies at 100 MW or more (EO 14318 threshold for AI data centers) | 20 | FED-NEPA-SCREEN | FAST-41 (Title 41 of the FAST Act) and Executive Order 14318 on accelerating federal permitting of data center infrastructure — | |
| FED-NEPA-SCREEN | NEPA / federal nexus screen Intake screen for any federal nexus: federal land, funding, loan guarantee or permit (including the Corps 404 action). Also flags CFIUS/export-control questions for a parallel track. Universal because the trigger model cannot express 'any federal input is true'; the review itself is keyed to the permit input. Evidence: Nexus screening memo signed by counsel listing each federal touchpoint and the responsible agency. | Entitlement | Federal | all | Always applies | 10 | LC-PREAPP | National Environmental Policy Act as amended by the Fiscal Responsibility Act of 2023; CEQ EIS Timeline Report (Jan 2025) — | |
| FED-106 | Section 106 historic resources consultation Consultation with the Virginia Department of Historic Resources (SHPO) and consulting parties on effects to historic properties, run by the federal lead agency (usually the Corps). Decisive near battlefields and historic districts; the Digital Gateway adjoined Manassas National Battlefield Park. Evidence: Phase I archaeological/architectural survey; SHPO concurrence letter; MOA if adverse effects. | Permit | Environmental | all | Applies when the site is near historic or cultural resources (and a federal nexus exists) | 90 | FED-NEPA-SCREEN | National Historic Preservation Act Section 106 regulations (36 CFR Part 800) 36 CFR Part 800 | |
| FED-404-IP | Section 404 individual permit (impacts over 0.5 acre) Standard individual permit with public notice, alternatives analysis, 401 certification and NEPA documentation. FY2024 average 253 calendar days per the 2026 NWP rule; 1–2 years in practice. The public notice is an opposition entry point. Evidence: Issued individual permit; public notice record; 401 certification; mitigation plan approval. | Permit | Federal | all | Applies when Section 404 impacts exceed 0.5 acre | 180 | FED-404-DELIN, FED-NEPA-REVIEW | USACE permit processing regulations (33 CFR Part 325) 33 CFR Part 325 (processing of Department of the Army permits) | |
| FED-404-NWP | Section 404 nationwide permit verification (impacts up to 0.5 acre) Verification under a nationwide permit (e.g. NWP 39 commercial development) for impacts at or below the 0.5-acre threshold. FY2024 average 55 calendar days per the 2026 NWP rule; 4–7 months in practice. Designing under NWP thresholds is one of the highest-leverage schedule decisions on the project. Evidence: Corps NWP verification letter with conditions; mitigation credit purchase if required. | Permit | Federal | all | Applies when Section 404 impacts are above 0 and at or below 0.5 acre | 40 | FED-404-DELIN | USACE Reissuance and Modification of Nationwide Permits (2026 NWP rule) 2026 Nationwide Permit reissuance (Federal Register, Jan 8, 2026) | |
| FED-FAA-7460 | FAA Form 7460-1 determination (airport proximity) Notice of proposed construction to the FAA for structures near an airport under 14 CFR Part 77 slope criteria; Loudoun campuses near Dulles routinely trigger it. The 5-mile trigger is conservative; the regulatory test is the Part 77 notice surface. Often missed until crane planning; cranes file separately. Evidence: FAA Determination of No Hazard for each structure and for construction cranes. | Permit | Federal | all | Applies within 5 miles of an airport (conservative screen for the Part 77 notice surface) | 45 | LC-SPEX | FAA Form 7460-1 Notice of Proposed Construction or Alteration (14 CFR Part 77) 14 CFR Part 77, notice criteria | |
| FED-FAA-7460-HEIGHT | FAA Form 7460-1 determination (structure 200 ft AGL or taller) Notice required for any structure 200 ft above ground level regardless of airport proximity. Separate class from the proximity trigger because the rule model is AND-only; if both fire the register should consolidate them into one filing. Evidence: FAA Determination of No Hazard. | Permit | Federal | all | Applies when building height is 200 ft or more | 45 | LC-SPEX | FAA Form 7460-1 Notice of Proposed Construction or Alteration (14 CFR Part 77) 14 CFR Part 77, notice criteria (200 ft AGL) | |
| FED-NEPA-REVIEW | NEPA documentation for the federal action (CatEx / EA / EIS) Agency NEPA review tied to the federal permit. Nationwide permit verifications are covered programmatically; an individual permit normally needs an EA. Duration shown is an EA estimate; an EIS ran a median 2.2 years NOI to final for 2024 (CEQ) with only 39% inside the two-year statutory deadline. Evidence: CatEx determination, FONSI or ROD from the lead agency. | Permit | Federal | all | Applies when a federal permit (e.g. Corps 404) is required | 120 | FED-NEPA-SCREEN | National Environmental Policy Act as amended by the Fiscal Responsibility Act of 2023; CEQ EIS Timeline Report (Jan 2025) — |