FWS Proposes Revisions to Permitting Rules for Rights-of-Way Across Federal Lands

On January 19, 2021, the U.S. Fish and Wildlife Service (FWS) originally proposed revisions to the permitting requirements that included requiring a preapplication meeting and use of a standard application, allowing electronic submission of applications, and providing the Service with additional flexibility, as appropriate, to determine the fair market value or fair market rental value of rights-of-way across Service-managed lands.

On July 27, 2023, FWS proposed additional revisions to the above proposed rule on permitting rights-of-way across National Wildlife refuges and other FWS administered lands. The agency is reopening the comment period on the 2021 changes in addition to proposing clarifications as well as new permit terms and conditions.

FWS reaffirmed its 2021 Regulatory Flexibility Act certification that the proposed rule would not have a significant impact on small businesses.

Comments on the proposed rule are due August 23, 2023.

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