5120 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

AUTHORITY: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. Section 17.42 is amended by 

revising paragraph (a)(2)(ii) to read as 

follows: 

§ 17.42 Special rules—reptiles. 

* * * * * 

(a) * * * 

(2) * * * 

(ii) Any person may take an American 

alligator in the wild, or one which was 

born in captivity or lawfully placed in 

captivity, and may deliver, receive, 

carry, transport, ship, sell, offer to sell, 

purchase, or offer to purchase such 

alligator in interstate or foreign 

commerce, by any means whatsoever 

and in the course of a commercial 

activity, if such activities are in 

accordance with the laws and 

regulations of the State or Tribe in 

which taking occurs, and subject to the 

following condition: Any skin of an 

American alligator may be sold or 

otherwise transferred only if the State or 

Tribe of taking requires skins to be 

tagged by State or Tribal officials or 

under State or Tribal supervision with 

a Service-approved tag in accordance 

with the requirements in part 23 of this 

subchapter. 

* * * * * 

Aurelia Skipwith, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2021–01012 Filed 1–15–21; 11:15 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 29 

[Docket No. FWS–HQ–NWRS–2019–0017; 

FF09R50000–XXX–FVRS8451900000] 

RIN 1018–BD78 

Streamlining U.S. Fish and Wildlife 

Service Permitting of Rights-of-Way 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (FWS), propose to 

revise and streamline FWS regulations 

for permitting of rights-of-way by 

aligning FWS processes more closely 

with those of other Department of the 

Interior bureaus, consistent with 

applicable law and to the extent 

practicable. The proposed rule would 

require a pre-application meeting and 

use of a standard application, the SF– 

299, Application for Transportation and 

Utility Systems and Facilities on 

Federal Lands; allow electronic 

submission of applications; and provide 

FWS with additional flexibility, as 

appropriate, to determine the fair 

market value or fair market rental value 

of rights-of-way across FWS-managed 

lands. This proposed rule would reduce 

the time and cost necessary to 

determine a right-of-way’s fair market 

value or fair market rental value, and 

also reduce an applicant’s time and cost 

to obtain a right-of-way permit. The 

proposed rule would also simplify the 

procedures that applicants must follow 

to reimburse the United States for costs 

that FWS incurs while processing rightof-way applications and monitoring 

permitted rights-of-way. 

DATES: We will accept comments on this 

proposed rule that are received or 

postmarked on or before March 22, 

2021. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. 

ADDRESSES: You may submit comments 

on this proposed rule by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–HQ–NWRS–2019–0017, 

which is the docket number for this 

rulemaking. Then, click on the Search 

button. On the resulting page, in the 

Search panel on the left side of the 

screen, under the Document Type 

heading, click on the Proposed Rule box 

to locate this document. You may 

submit a comment by clicking on 

‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: Docket No. FWS–HQ– 

NWRS–2019–0017, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: Ken 

Fowler, U.S. Fish and Wildlife Service, 

MS: NWRS, 5275 Leesburg Pike, Falls 

Church, VA 22041; (703) 358–1876. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We request comments or information 

from other concerned government 

agencies, the scientific community, 

industry, or any other interested party 

concerning this proposed rule. You may 

submit your comments and materials 

concerning this proposed rule by one of 

the methods listed in ADDRESSES. We 

request that you send comments only by 

the methods described in ADDRESSES. 

All comments submitted 

electronically via http://

www.regulations.gov will be presented 

on the website in their entirety as 

submitted. For comments submitted via 

hard copy, we will post your entire 

comment—including your personal 

identifying information—on http://

www.regulations.gov. You may request 

at the top of your document that we 

withhold personal information such as 

your street address, phone number, or 

email address from public review; 

however, we cannot guarantee that we 

will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov. 

Background 

FWS is the principal land manager 

and permitting authority for more than 

89 million terrestrial acres of public 

lands, including 76.8 million acres in 

Alaska, 12.2 million acres in the lower 

48 States, and 50,000 acres in Hawaii. 

The vast majority of the 89 million acres 

are part of the National Wildlife Refuge 

System (Refuge System), whose mission 

is to administer a national network of 

lands and waters for the conservation, 

management, and where appropriate, 

restoration of the fish, wildlife, and 

plant resources and their habitats within 

the United States for the benefit of 

present and future generations of 

Americans (16 U.S.C. 668dd(a)(2)). 

These acres include more than 20 

million acres of designated wilderness 

that the Service manages to preserve the 

wilderness character in accordance with 

the Wilderness Act of 1964 (16 U.S.C. 

1131 et seq.). Subject to existing private 

rights, and special provisions included 

in wilderness-designation statutes, the 

Wilderness Act prohibits commercial 

enterprises and permanent roads. The 

law also prohibits temporary roads; 

motor vehicles, motorized equipment, 

motorboats, landing of aircraft, and 

other forms of mechanical transport; 

structures; and installations, unless 

their use can be demonstrated to be 

necessary to meet minimum 


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requirements for the administration of 

the area for Wilderness Act purposes. 

Refuge System lands and waters are 

managed according to the authorities of 

the National Wildlife Refuge System 

Administration Act of 1966 

(Administration Act; 16 U.S.C. 668dd– 

668ee), as amended by the National 

Wildlife Refuge System Improvement 

Act of 1997 (Improvement Act; Pub. L. 

105–57), which authorize FWS to 

permit a new use on a refuge when FWS 

determines it is a compatible use. The 

term ‘‘compatible use’’ means a wildlifedependent recreational use or any other 

use of a refuge that, in the sound 

professional judgment of the FWS 

Director, will not materially interfere 

with or detract from the fulfillment of 

the mission of the Refuge System or the 

purpose(s) of the refuge. 

A ‘‘compatibility determination’’ is a 

written determination, signed and dated 

by the Refuge Manager, that an existing 

or new use of a refuge is compatible or 

not compatible with the Refuge System 

mission or the purpose(s) of the refuge. 

Currently there are over 560 national 

wildlife refuges, and each refuge has 

different establishing authorities, 

purposes, habitat types, wildlife species, 

and public uses, which can result in 

different compatibility determinations 

for the same use. The Improvement Act 

required FWS to issue regulations 

establishing a process for determining 

whether a proposed use is a compatible 

use; these regulations are set forth in 

title 50 of the Code of Federal 

Regulations at 50 CFR 26.41. 

The Improvement Act authorizes FWS 

to grant a right-of-way when the rightof-way is a compatible use. The 

regulations at 50 CFR 26.41 state that, 

for existing rights-of-way, FWS will not 

make a compatibility determination and 

will deny any request for maintenance 

of an existing right-of-way that will 

affect a unit of the National Wildlife 

Refuge System, unless ‘‘the design 

adopts appropriate measures to avoid 

resource impacts and includes 

provisions to ensure no net loss of 

habitat quantity and quality; restored or 

replacement areas identified in the 

design are afforded permanent 

protection as part of the national 

wildlife refuge or wetland management 

district affected by the maintenance; 

and all restoration work is completed by 

the applicant prior to any title transfer 

or recording of the easement, if 

applicable.’’ 

In instances where an existing use is 

authorized for more than 10 years (such 

as an electric utility right-of-way), the 

Improvement Act directs FWS to 

reevaluate the permitted use to 

determine compliance with the 

authorization terms and conditions. All 

right-of-way permits issued by FWS 

include language allowing FWS to 

terminate the right-of-way permit if the 

grantee’s use violates the permit terms 

and conditions. 

The Improvement Act’s compatibility 

requirements do not apply to FWS 

permitting of rights-of-way across 

National Fish Hatchery System lands, 

nor do they apply to permitting of 

rights-of-way on or across FWS facilities 

that are not located on Refuge System 

lands. FWS processes applications for 

these rights-of-way under the applicable 

authority cited at 43 CFR part 2800, in 

accordance with the application 

procedures at 50 CFR 29.21–2. 

Title XI of the Alaska National 

Interest Lands Conservation Act 

(ANILCA; Pub. L. 96–487; 16 U.S.C. 

3101 et seq.) requires the Secretary to 

provide adequate and feasible access to 

inholdings within Alaska refuges. The 

proposed access is subject to a 

prescribed evaluation process that 

ensures that the route or method of 

access avoids or minimizes threats to 

public health and safety while 

providing adequate and feasible access 

to the inholding (see 43 CFR 36.10). 

The Administration Act authorizes 

the Secretary, acting through the FWS 

Director, to issue a right-of-way permit 

across Refuge System lands only after 

the applicant pays FWS the fair market 

value or fair market rental value of the 

right-of-way, unless the applicant is 

exempt from such payment by any other 

provision of Federal law. In addition, 

before issuing a right-of-way permit, 

FWS must assess the effects of the 

proposed use, as required by the 

National Environmental Policy Act of 

1969 (NEPA; 42 U.S.C. 4321 et seq.); the 

Endangered Species Act of 1973 (ESA; 

16 U.S.C. 1531 et seq.), as amended; the 

National Historic Preservation Act of 

1966 (NHPA; 54 U.S.C. 300101 et seq.); 

and other applicable laws and Executive 

Orders. 

This Proposed Rule 

Consistent with Executive Order 

(E.O.) 13783, ‘‘Promoting Energy 

Independence and Economic Growth,’’ 

dated March 28, 2017, and E.O. 13821, 

‘‘Streamlining and Expediting Requests 

to Locate Broadband Facilities in Rural 

America,’’ dated January 8, 2018, FWS 

is streamlining its right-of-way 

permitting process for proposed uses on 

FWS-managed lands by aligning FWS 

processes more closely with those of 

other DOI bureaus, to the extent 

practicable and in a manner that is 

consistent with applicable law. Below, 

we summarize the substantive proposals 

included in this document. 

The regulations at 50 CFR 29.21–2 

currently state that applicants may 

submit applications for right-of-way 

permits in any format. However, E.O. 

13821 directs Federal agencies to use 

the ‘‘GSA Common Form Application,’’ 

which refers to the Standard Form 299 

(SF–299), Application for 

Transportation and Utility Systems and 

Facilities on Federal Lands. Therefore, 

we propose to revise 50 CFR 29.21–2 to 

require use of the SF–299 for all 

requests for right-of-way permits. 

The regulations at 50 CFR 29.21–2 

currently require applicants to submit 

applications to a FWS Regional office in 

hard copy, in triplicate. FWS proposes 

to require only one copy. Also, we 

propose to allow electronic application 

submissions, or E-Filing, as an 

alternative to hardcopy submissions. 

Improvements in technology enable 

FWS to process electronic application 

submissions more efficiently than 

hardcopy submissions, and accepting 

electronic submissions may reduce the 

amount of time FWS requires to issue a 

right-of-way permit. 

Incomplete information is often the 

reason right-of-way application 

processing is delayed. The amount and 

type of documentation FWS requires to 

process an application varies depending 

on whether the request is for a renewal, 

limited additional use of an existing 

right-of-way with minimal or no new 

environmental impacts, or a new rightof-way where significant environmental 

disturbance may occur. We, therefore, 

propose to modify the right-of-way 

application procedures at 50 CFR 29.21– 

2 to require a standard, no-cost preapplication meeting (in-person or 

teleconference) for all new proposed 

rights-of-way and all modifications and 

renewals of existing rights-of-way, 

which will enable FWS to determine the 

documentation needed to process the 

application. We also propose to revise 

the application procedures at 50 CFR 

29.21–2 to provide the FWS Regional 

Director more flexibility in determining 

the documentation required to process 

an application, and to reduce the 

documentation requirements for 

renewals. This change would reduce the 

regulatory burden on applicants by 

ensuring that FWS requests only the 

documentation that it requires to 

process each application. 

We propose to eliminate the 

requirement at 50 CFR 29.21–7 for an 

appraisal to determine fair market value 

or fair market rental value, to reduce the 

amount of time FWS requires to issue 

right-of-way permits, by authorizing all 

Regional Directors to use any DOIapproved method to determine these 

values, including the use of fee 


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5122 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 

schedules. This change would reduce 

the time and cost necessary to 

determine the fair market value or fair 

market rental value of many rights-ofway, and, therefore, reduce an 

applicant’s time and cost to obtain a 

right-of-way permit. 

FWS cannot issue a right-of-way 

permit unless it can accurately locate 

the requested right-of-way. Aside from 

the time required to obtain appraisals, a 

missing or inadequately prepared legal 

description or survey plat, which FWS 

uses to accurately locate the requested 

right-of-way, is the most common cause 

of FWS delays in issuing a right-of-way 

permit. Therefore, we propose to clarify 

the requirements for the legal 

description and survey plat that 

applicants must provide with or after 

application submission but before FWS 

will issue a right-of-way permit. 

FWS last updated the schedule of 

application fees and monitoring fees at 

50 CFR 29.21–2 in 1977. FWS’s cost to 

process applications routinely exceeds 

the 1977 fee amounts by a factor of five 

times or more. Currently, 50 CFR 29.21– 

2 requires applicants to pay a right-ofway application fee and then make 

periodic additional payments—beyond 

the initial application fee—to FWS for 

all additional application processing 

costs in advance of FWS incurring those 

costs. We propose to eliminate our 

application fee and require applicants to 

reimburse FWS for the costs it incurs 

while evaluating and processing rightof-way applications and monitoring 

permitted rights-of-way, and to waive 

reimbursement of these costs for all 

applications for rights-of-way from (a) 

State or local governments or agencies 

or instrumentalities thereof and (b) 

Federal Government agencies, as well as 

for (c) private individuals or 

organizations when a Regional Director 

has certified that the right-of-way will 

contribute to accomplishing the mission 

of the Refuge System, refuge purposes of 

the refuge the right-of-way will cross, or 

fish hatchery purposes of the fish 

hatchery the right-of-way will cross. 

In this proposed rule, provisions for 

cost recovery associated with our 

application processing, and with our 

monitoring, are set forth in a separate 

section of the regulations. In addition, 

we are proposing to increase the charge 

for processing the transfer of a permit 

from $25 to $100. Finally, we are 

proposing to increase the amount of nofault liability for injury and damage to 

the land and property of the United 

States from $1,000,000 to $5,000,000 to 

account for inflation and increased 

liability measures. 

For clarity, we propose to establish 

separate sections in the regulations to 

set forth the requirements for preapplication meetings and our 

compatibility determinations. 

In addition, we propose to make 

editorial changes for clarity and 

consistency in the regulations, such as 

removing the word ‘‘easement’’ where 

we simply mean ‘‘permit,’’ removing 

out-of-date and gender-specific 

references, updating and adding 

definitions for terms used in the 

regulations, and updating the amount of 

the FWS permit transfer fee and the 

maximum amount of no-fault liability 

for certain permits to account for the 

inflation since 1977. 

The proposed changes to the right-ofway regulations are at the end of this 

document. While the proposed revisions 

to some sections are mostly minor 

updates as just described, we have set 

forth the sections in their entirety for 

the ease and convenience of the reader. 

Required Determinations 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. The Office of Information and 

Regulatory Affairs has waived their 

review regarding their significance 

determination of this proposed rule. 

Executive Order (E.O.) 13563 

reaffirms the principles of E.O. 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this proposed rule in a manner 

consistent with these requirements. 

Executive Order 13771 

We do not believe this proposed rule 

is an E.O. 13771 (‘‘Reducing Regulation 

and Controlling Regulatory Costs’’) (82 

FR 9339, February 3, 2017) regulatory 

action because we believe this rule is 

not significant under E.O. 12866; 

however, the Office of Information and 

Regulatory Affairs has waived their 

review regarding their E.O. 12866 

significance determination of this 

proposed rule. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

that Federal agencies prepare a 

regulatory flexibility analysis for rules 

subject to the notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act (5 U.S.C. 

500 et seq.), if the rule would have a 

significant economic impact, whether 

detrimental or beneficial, on a 

substantial number of small entities. See 

5 U.S.C. 601–612. Congress enacted the 

RFA to ensure that government 

regulations do not unnecessarily or 

disproportionately burden small 

entities. Small entities include small 

businesses, small governmental 

jurisdictions, and small not-for-profit 

enterprises. 

FWS reviewed the Small Business 

Size standards for the affected 

industries. We determined that a large 

share of the entities in the affected 

industries are small businesses as 

defined by the Small Business Act. 

However, FWS believes that the impact 

on the small entities is not significant, 

as the proposed rule would impact a 

small number of small entities, and 

FWS does not believe that these effects 

would be economically significant. 

The proposed rule would benefit 

small businesses by streamlining FWS 

regulations for permitting rights-of-way 

and thereby reduce the amount of time 

that FWS requires to issue many rightof-way permits. The proposed rule 

would implement a pre-application 

meeting to provide small businesses 

with information upfront about the 

FWS’s estimated time and cost to 

evaluate and process a right-of-way 

application, increasing regulatory 

certainty. Additionally, the proposed 

rule would eliminate the FWS 

application fee and provide FWS the 

flexibility to request only the documents 

that it requires to process a right-of-way 

application, thereby reducing the 

regulatory burden. 

In summary, we have considered 

whether this proposed rule would result 

in a significant economic impact on a 

substantial number of small entities. We 

certify that, if made final, this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small business entities. 

Therefore, an initial regulatory 

flexibility analysis is not required. 


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Energy Supply, Distribution, or Use— 

Executive Order 13211 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) requires agencies 

to prepare Statements of Energy Effects 

when undertaking certain actions. This 

proposed rule would streamline and 

expedite FWS processing of industry 

requests for rights-of-way and 

modifications to rights-of-way that cross 

FWS-managed lands, but it would not 

significantly affect energy supplies, 

distribution, or use. Therefore, this 

action is not a significant energy action, 

and no Statement of Energy Effects is 

required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

Under the Unfunded Mandates 

Reform Act (2 U.S.C. 1501, et seq.): 

a. This proposed rule would not 

significantly or uniquely affect small 

governments. A Small Government 

Agency Plan is not required. 

b. This proposed rule would not 

produce a Federal requirement of $100 

million or greater in any year and is not 

a ‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Takings—Executive Order 12630 

Under Executive Order 12630, this 

proposed rule would not have 

significant takings implications as it 

applies only to FWS permitting of 

rights-of-way across lands, and interests 

in land, owned by the United States. A 

takings implication assessment is not 

required. 

Federalism—Executive Order 13132 

In accordance with E.O. 13132 

(Federalism), this proposed rule does 

not have significant Federalism effects, 

as it waives right-of-way application 

processing costs and right-of-way 

monitoring costs for State or local 

governments when the right-of-way is 

for governmental purposes that benefit 

the general public, and all other 

application requirements are necessary 

for FWS to meet Improvement Act and 

NEPA requirements. A federalism 

summary impact statement is not 

required. 

Civil Justice Reform—Executive Order 

12988 

In accordance with E.O. 12988 (Civil 

Justice Reform), the Office of the 

Solicitor has determined that the rule 

does not unduly burden the judicial 

system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). OMB has previously approved 

the information collection requirements 

associated with FWS use of Common 

Form SF–299 and assigned OMB 

Control Number 0596–0249 (expires 02/ 

28/2023). You may view the information 

collection request(s) at http://

www.reginfo.gov/public/do/PRAMain. 

An agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination With Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with tribes in developing programs for 

healthy ecosystems, to acknowledge that 

tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to tribes. 

This proposed rule has no impact on 

Tribal lands, as it applies only to FWS 

permitting of rights-of-way across lands, 

and interests in land, owned by the 

United States. 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are not clearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

List of Subjects in 50 CFR Part 29 

Public lands mineral resources, Public 

lands rights-of-way, Wildlife refuges. 

Proposed Regulation Promulgation 

For the reasons given in the preamble, 

we propose to amend part 29, 

subchapter C of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 29—LAND USE MANAGEMENT 

■ 1. The authority citation for part 29 

continues to read as follows: 

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 

664, 668dd, 685, 690d, 715i, 725, 3161; 30 

U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 

319; 43 U.S.C. 315a; 113 Stat. 1501A–140. 

■ 2. Amend § 29.21 by revising the 

definition of ‘‘National Wildlife Refuge 

System land’’ and by adding a definition 

of ‘‘Right-of-way’’, in alphabetical order, 

to read as follows: 

§ 29.21 What do these terms mean? 

* * * * * 

National Wildlife Refuge System land 

means lands and waters, and interests 

therein, administered by the Secretary 

under the National Wildlife Refuge 

System Administration Act (16 U.S.C. 

668dd–668ee), as amended, including 

wildlife refuges, game ranges, wildlife 

management areas, conservation areas, 

waterfowl production areas, and other 

areas administered for the protection 

and conservation of fish, wildlife, and 

plant species. 

* * * * * 

Right-of-way means a use on, under, 

or over Federal lands that is authorized 

pursuant to a right-of-way permit issued 

by the U.S. Fish and Wildlife Service 

(Service), unless the use is included in 

a contract for services to a Service 

facility or if the use is requested by the 

Service to benefit the mission of the 

National Wildlife Refuge System or the 

National Fish Hatchery System. 

■ 3. Amend § 29.21–1 by revising 

paragraphs (a) through (c) to read as 

follows: 


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§ 29.21–1 Purpose and scope. 

* * * * * 

(a) National Wildlife Refuge System 

lands. Applications for all forms of 

rights-of-way on or over such lands 

shall be submitted under authority of 

Public Law 89–669, (80 Stat. 926; 16 

U.S.C. 668dd) as amended, or for oil and 

gas pipelines under section 28 of the 

Mineral Leasing Act of 1920, as 

amended (30 U.S.C. 181 et seq.), 

following application procedures set out 

in § 29.21–4. The Service will not 

permit a right-of-way unless it meets the 

compatibility determination 

requirement described in § 29.21–3. See 

§ 29.21–12 for additional requirements 

applicable to rights-of-way for electric 

power transmission lines and § 29.21– 

13 for additional requirements 

applicable to rights-of-way for pipelines 

for the transportation of oil, natural gas, 

synthetic liquid or gaseous fuels, or any 

refined product produced therefrom. 

(b) National Wildlife Refuge System 

lands—less than fee interest. 

Applications for all forms of rights-ofway across lands in which the United 

States owns only a less than fee interest 

may be submitted to the Regional 

Director in letter form. No map exhibit 

is required; however, the affected land 

should be described in the letter or 

shown on a map sketch. If the requested 

right-of-way will not adversely affect the 

United States’ interest, the Regional 

Director may issue a letter to the 

applicant stating that the proposed 

right-of-way would not affect the 

interest of the United States and the 

U.S. Fish and Wildlife Service has no 

objection to the fee owner granting the 

proposed right-of-way. If the interest of 

the United States will be affected, 

application for the right-of-way must be 

submitted in accordance with 

procedures set out in § 29.21–4. 

(c) Other lands outside the National 

Wildlife Refuge System. Rights-of-way 

on or over other lands will be granted 

in accordance with controlling 

authorities cited in 43 CFR part 2800, or 

for oil and gas pipelines under section 

28 of the Mineral Leasing Act of 1920, 

as amended (30 U.S.C. 181 et seq.). See 

§ 29.21–12 for additional requirements 

applicable to rights-of-way for electric 

power transmission lines and § 29.21– 

13 for additional requirements 

applicable to rights-of-way for pipelines 

for the transportation of oil, natural gas, 

synthetic liquid or gaseous fuels, or any 

other refined product produced 

therefrom. Applications must be 

submitted in accordance with 

procedures set out in § 29.21–4. 

■ 4. Revise § 29.21–2 to read as follows: 

§ 29.21–2 Pre-application meeting. 

Before submitting an application for a 

new right-of-way or a modification of an 

existing right-of-way across U.S. Fish 

and Wildlife Service-managed lands, an 

applicant must contact the Regional 

Director or his or her designee to 

schedule a pre-application meeting. The 

required pre-application meeting (e.g., 

in-person, web-conference, 

teleconference, etc.) provides the 

applicant the opportunity to ask 

questions about the application process 

and obtain comments from the Regional 

Director or his or her designee about a 

proposed right-of-way and its location 

before submitting an application. The 

pre-application meeting helps the 

Regional Director or his or her designee 

to understand the scope of the request 

so that he or she may advise the 

applicant of the documentation the 

Service requires to process the 

application, and provide the applicant 

an estimated timeline and estimated 

cost for the Service to review and 

process the application. There is no fee 

for this required pre-application 

meeting. Contact information for 

scheduling pre-application meetings is 

set forth at § 29.21–4(c). 

■ 5. Redesignate §§ 29.21–3 through 

29.21–9 as §§ 29.21–7 through 29.21–13, 

respectively, and add new §§ 29.21–3 

through 29.21–6, to read as follows: 

Sec. 

* * * * * 

§ 29.21–3 Compatibility determination 

requirement. 

§ 29.21–4 Application procedures. 

§ 29.21–5 Survey plat and legal 

description. 

§ 29.21–6 Reimbursement of costs. 

* * * * * 

§ 29.21–3 Compatibility determination 

requirement. 

Consistent with the National Wildlife 

Refuge System Administration Act, as 

amended (16 U.S.C. 668dd–668ee), and 

the procedures set forth in § 26.41, the 

U.S. Fish and Wildlife Service will not 

permit or renew a right-of-way if the 

Service determines that the use is not 

compatible with the Refuge System 

mission or the purpose(s) of the refuge, 

except for uses related to the access of 

privately owned minerals and as 

required by any other provision of law, 

such as section 1110(b) of the Alaska 

National Interest Lands Conservation 

Act (16 U.S.C. 3101 et seq.) for 

inholdings within Alaska refuges. In the 

case of any right-of-way previously 

permitted for a period longer than 10 

years (such as an electric utility right-ofway), the Service will, during the permit 

term, consider the permitted use to be 

compatible so long as the grantee is in 

compliance with all permit terms and 

conditions. 

§ 29.21–4 Application procedures. 

(a) Application. Applicants must use 

Standard Form 299 (SF–299), 

Application for Transportation and 

Utility Systems and Facilities on 

Federal Lands, to request new rights-ofway, modifications of existing rights-ofway, and renewals of existing rights-ofway. In addition to a completed and 

signed SF–299, each application must 

include the attachments described in 

paragraphs (a)(1) and (2) of this section. 

There is no application fee, but 

applicants must reimburse the Service 

for its costs to evaluate and process the 

application, as set forth at § 29.21–6(a). 

See paragraph (b) of this section for 

submission instructions. 

(1) Map. The map must show a 

general view of the proposed right-ofway and a detailed view of the proposed 

project area in relationship to the 

Service boundary. If the proposed rightof-way is within a Public Land Survey 

System area, the map must show the 

section(s), township(s), and range(s) 

within which the proposed right-of-way 

would be located. See § 29.21–5 for 

requirements regarding a survey plat 

and legal description of the area. 

(2) Other attachments. Following the 

pre-application meeting described in 

§ 29.21–2, the Regional Director or his 

or her designee will determine any 

additional documentation the Service 

requires to process the application, such 

as: 

(i) Preliminary site and facility 

construction plans. These plans must 

show all proposed construction work in 

detail. No site or facility construction 

plan is required for applications for 

renewals of existing rights-of-way that 

involve no changes to the permitted use. 

(ii) Environmental analysis. The 

environmental analysis supplements the 

basic environmental information on the 

SF–299. It must include information 

concerning the impact of the proposed 

right-of-way on the environment, 

including, but not limited to, the impact 

on air and water quality; scenic and 

aesthetic features; historic, architectural, 

archeological, and cultural features; and 

wildlife, fish, and marine life. 

(A) The environmental analysis must 

include sufficient data to enable the 

Service to prepare a compatibility 

determination; prepare an 

environmental assessment or 

environmental impact statement in 

accordance with section 102(2)(C) of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.); and 

comply with the requirements of the 

Migratory Bird Treaty Act of 1918 (16 


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U.S.C. 703–712), the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.), the Wilderness Act of 1964 (16 

U.S.C. 1131 et seq.), the Wild and 

Scenic Rivers Act of 1968 (16 U.S.C. 

1271 et seq.), and the National Historic 

Preservation Act of 1966 (54 U.S.C. 

300101 et seq.). To comply with the 

National Environmental Policy Act, the 

Regional Director may, at his or her 

discretion, rely on an environmental 

assessment or environmental impact 

statement prepared by another Federal 

agency, the applicant, or their 

contractor; however, in all cases, this 

documentation must be prepared in 

consultation with the Regional Director 

or his or her designee. 

(B) For applications for renewals of 

existing rights-of-way that involve no 

changes to the permitted use, the 

environmental analysis need address 

only the impacts of the ongoing 

operation and maintenance of the rightof-way, as well as any statutory 

requirements not in place and therefore 

not considered at the time of original 

permit issuance. 

(iii) Vegetation management plan. 

The vegetation management plan must 

describe how the applicant would 

conduct the following activities: 

(A) Vegetation clearing that may occur 

as part of construction and 

maintenance; 

(B) Routine vegetation management, 

including all physical and mechanical 

methods; 

(C) Any pesticides, herbicides, or 

other chemicals proposed for use; and 

(D) Any revegetation and restoration 

activities. 

(b) Submission instructions. 

Applicants may submit applications for 

rights-of-way through E-File or certified 

mail. 

(1) E-file. Application submissions 

through E-file must include a digital 

copy of the SF–299, the map, and other 

attachments required by the Regional 

Director or his or her designee after the 

required pre-application meeting. 

Additional instructions will be provided 

at the pre-application meeting. 

(2) Certified mail. Application 

submissions through certified mail must 

include one printed copy of the SF–299, 

the map, and other attachments required 

by the Regional Director or his or her 

designee after the required preapplication meeting. Applicants must 

send all documents by certified mail to 

the Regional Director for the region 

where the proposed right-of-way is 

located. Mailing envelopes should be 

clearly marked ‘‘Attn: NWRS Realty 

Right-of-Way Permit Processing.’’ 

(c) Pre-application meeting. To 

request a pre-application meeting, 

contact the Division of Realty at Service 

headquarters at (703) 358–1713. That 

division will put you in touch with the 

appropriate Service office, as 

determined by the location of the 

proposed right-of-way. 

§ 29.21–5 Survey plat and legal 

description. 

(a) Before the Service will issue a 

right-of-way permit, the applicant must 

provide a final survey plat and legal 

description that shows and describes 

the proposed right-of-way in such detail 

that the Service can accurately locate 

the proposed right-of-way. 

(b) Survey plats and legal descriptions 

of the right-of-way area must be 

stamped and signed by a land surveyor 

or other professional licensed or 

authorized by the State to carry out land 

surveying activities. 

(1) Survey plats must meet the 

following standards: 

(i) Survey plats must be geodetically 

referenced to the current State or 

national datum. In some cases, new 

geodetic control points will need to be 

set within or near the right-of-way area. 

(ii) Survey plats must show ties to the 

monuments marking the boundaries of 

the Service-owned land that is being 

impacted, or from which those 

boundaries are calculated. In cases such 

as road construction that involve 

granting full control of the right-of-way 

area, a boundary survey is required. 

(iii) The points where the right-of-way 

enters and leaves Service project land 

must be annotated on the survey with 

distance ties to the nearest boundary 

monuments. 

(iv) For a linear strip right-of-way, the 

courses and distances of the center line 

and the width of the right-of-way on 

each side of the center line must be 

annotated. 

(v) If the right-of-way or site is located 

wholly within Service land, a minimum 

of two ties to boundary corners or 

geodetic control points that can be 

readily recovered must be shown. 

(vi) Survey plats must show the 

existing or proposed facilities in 

sufficient detail that an average person 

can determine the nature and extent of 

the proposed use. 

(vii) Survey plats must include all 

uses of Service-managed land required 

as part of the right-of-way, including 

access roads. 

(viii) Survey plats must show the 

location of any other right-of-way areas 

in the vicinity. 

(ix) Survey plats must show major 

natural or cultural features such as 

roads, rivers, fences, etc., required for 

orientation and intelligent 

interpretation. 

(x) The acreage contained within the 

right-of-way area must be shown. 

(xi) Letter-sized plats are preferred, 

but larger format plats, such as the 

Right-of-Way Plan sets prepared for 

highway and utility projects, are 

acceptable as long as they meet the 

other requirements. 

(xii) A digital version of the plat in 

AutoCAD, ArcGIS, or similar format 

must be submitted along with a signed 

paper or Adobe Acrobat document. 

(2) The legal description must: 

(i) Be in metes-and-bounds, aliquot 

parts, or linear strip format; 

(ii) Conform to and reference the 

survey plat; 

(iii) Be tied to the controlling 

monuments shown on the plat; 

(iv) Reference the geodetic 

coordinates of the Point of Beginning or 

Point of Commencement, and have a 

clearly documented basis of bearing; 

and 

(v) For linear corridor projects, use a 

‘‘strip description’’ format, based on a 

geometrically defined centerline. For 

example: ‘‘All that portion of [land unit 

description] lying within the following 

described strip of land.’’ 

§ 29.21–6 Reimbursement of costs. 

(a) Application evaluation and 

processing activities. (1) An applicant 

for a right-of-way permit must 

reimburse the United States for the costs 

the U.S. Fish and Wildlife Service 

incurs in evaluating and processing the 

application before the Service will issue 

a right-of-way permit. These costs may 

include, but are not limited to, the 

Service’s costs to review the application 

and related materials; conduct resource 

surveys of the proposed permit area; 

prepare a compatibility determination; 

prepare documentation to comply with 

the National Environmental Policy Act 

(42 U.S.C. 4321 et seq.); obtain an 

appraisal; draft correspondence; and 

draft the permit. 

(2) If requested by the applicant 

during or after the required preapplication meeting, the Regional 

Director or his or her designee will, 

within ten business days of the preapplication meeting, provide the 

applicant a preliminary estimate of the 

Service’s application evaluation and 

processing costs using the information 

provided by the applicant during the 

pre-application meeting. 

(3) After receiving an application, the 

Regional Director or his or her designee 

will estimate the Service’s application 

evaluation and processing costs using 

the information the applicant provided 

in the application and during the 

required pre-application meeting. 


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(4) The applicant must submit a 

payment to reimburse the Service for its 

estimated costs, before the Service will 

evaluate and process the right-of-way 

permit application. 

(5) If the Service’s cost to evaluate and 

process the right-of-way application 

exceeds the estimated amount, the 

Regional Director or his or her designee 

will promptly notify the applicant of the 

deficient amount, and the applicant 

must submit payment for the deficient 

amount before the Service will issue a 

right-of-way permit. Any overpayments 

may be refunded by the Regional 

Director as he or she deems appropriate. 

(b) Monitoring activities. (1) By 

accepting a permit under this subpart, 

the holder agrees to reimburse the 

Service for the costs it incurs in 

monitoring the construction, operation, 

maintenance, and termination of 

facilities to ensure compliance with the 

terms, conditions, and stipulations of 

the right-of-way permit, referred to in 

this paragraph as ‘‘monitoring 

activities.’’ 

(2) The Regional Director or his or her 

designee will estimate the total costs the 

Service expects to incur for monitoring 

activities over the first 5 years of the 

permit term or the entire permit term, 

whichever is less. The applicant must 

pay the estimated amount before the 

Service will issue a right-of-way permit. 

(3) The permit holder must make an 

additional payment every 5 years, or for 

the remainder of the permit term, 

whichever is less, to reimburse the 

Service for the costs the Service expects 

to incur for monitoring activities during 

that period. 

(4) If the Service’s cost of monitoring 

activities exceeds the Service’s 

estimated amount, then the permit 

holder must submit payment to the 

United States for the deficient amount at 

the end of the 5 years or the remainder 

of the permit term, whichever is less. 

Any overpayments may be refunded by 

the Regional Director as he or she deems 

appropriate. 

(c) Waiver of reimbursement for 

Service costs. (1) Except as provided 

under paragraph (c)(2) of this section, 

no reimbursement for Service costs for 

right-of-way application evaluation and 

processing activities and monitoring 

activities will be required of: 

(i) State or local governments or 

agencies or instrumentalities thereof; 

(ii) Federal Government agencies; or 

(iii) Private individuals or 

organizations when a Regional Director 

has signed a statement certifying that 

the proposed right-of-way contributes to 

accomplishing refuge or fish hatchery 

purposes. 

(2) Reimbursement of costs is required 

for any right-of-way permit issued under 

section 28 of the Mineral Leasing Act of 

1920, as amended (30 U.S.C. 181 et 

seq.). 

■ 6. Amend newly redesignated 

§ 29.21–7 by revising paragraph (a) to 

read as follows: 

§ 29.21–7 Nature of interest granted. 

(a) Where the land administered by 

the U.S. Fish and Wildlife Service is 

owned in fee by the United States and 

the right-of-way is compatible with the 

objectives of the area, a permit may be 

approved and granted by the Regional 

Director. Generally, a permit will be 

issued for a term of up to 50 years, or 

so long as it is used for the purpose 

granted, or for a lesser term when 

considered appropriate. 

(1) For rights-of-way granted under 

authority of section 28 of the Mineral 

Leasing Act of 1920, as amended (30 

U.S.C. 181 et seq.), for pipelines for the 

transportation of oil, natural gas, 

synthetic liquid or gaseous fuels, or any 

refined product produced therefrom, the 

permit may be for a term not to exceed 

30 years. 

(2) For a right-of-way issued per 

paragraph (a)(1) of this section, the 

right-of-way may not exceed 50 feet in 

width, plus the area occupied by the 

pipeline and its related facilities, unless 

the Regional Director finds, and records 

the reasons for the finding, that, in his 

or her judgment, a wider right-of-way is 

necessary for operation and 

maintenance after construction or to 

protect the environment or public 

safety. Related facilities include but are 

not limited to valves, pump stations, 

supporting structures, bridges, 

monitoring and communication devices, 

surge and storage tanks, terminals, etc. 

(3) A temporary permit 

supplementing a right-of-way may be 

granted for additional land needed 

during construction, operation, 

maintenance, or termination of the 

pipeline, or to protect the natural 

environment or public safety. 

* * * * * 

■ 7. Revise newly redesignated § 29.21– 

8 to read as follows: 

§ 29.21–8 Terms and conditions. 

(a) Any right-of-way permit granted 

will be subject to rights reserved, if any, 

by a prior owner, and rights held, if any, 

by a third party. 

(b) An applicant, by accepting a 

permit, agrees to such terms and 

conditions as may be prescribed by the 

Regional Director in the granting 

document, including special 

stipulations at his or her discretion. (See 

§ 29.21–12 for special requirements for 

electric powerlines and § 29.21–13 for 

special requirements for oil and gas 

pipelines.) The applicant shall agree to 

the following terms and conditions, 

unless waived in all or part by the 

Regional Director: 

(1) To comply with State and Federal 

laws applicable to the project within 

which the permit is granted, and to the 

lands that are included in the right-ofway, and lawful existing regulations 

thereunder. 

(2) To clear and keep clear the lands 

within the permit area to the extent and 

in the manner directed by the project 

manager in charge; and to dispose of all 

vegetative and other material cut, 

uprooted, or otherwise accumulated 

during the construction and 

maintenance of the project in such a 

manner as to decrease the fire hazard 

and also in accordance with such 

instructions as the project manager may 

specify. 

(3) To prevent the disturbance or 

removal of any public land survey 

monument or project boundary 

monument unless and until the 

applicant has requested and received 

from the Regional Director approval of 

measures the applicant will take to 

perpetuate the location of aforesaid 

monument. 

(4) To take such soil and resource 

conservation and protection measures, 

including weed control, on the land 

covered by the permit as the project 

manager in charge may request. 

(5) To do everything reasonably 

within his or her power, both 

independently and on request of any 

duly authorized representative of the 

United States, to prevent and suppress 

fires on or near lands to be occupied 

under the permit area, including making 

available such construction and 

maintenance forces as may be 

reasonably obtainable for the 

suppression of such fires. 

(6) To rebuild and repair such roads, 

fences, structures, and trails as may be 

destroyed or injured by construction 

work and, upon request by the Regional 

Director, to build and maintain 

necessary and suitable crossings for all 

roads and trails that intersect the works 

constructed, maintained, or operated 

under the right-of-way. 

(7) To pay the United States the full 

value for all damages to the lands or 

other property of the United States 

caused by him or her or by his or her 

employees, contractors, or agents of the 

contractors, and to indemnify the 

United States against any liability for 

damages to life, person, or property 

arising from the occupancy or use of the 

lands under the permit. 


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(i) Where the permit is granted 

hereunder to a State or other 

governmental agency that has no legal 

power to assume such a liability with 

respect to damages caused by it to lands 

or property, such agency in lieu thereof 

agrees to repair all such damages. 

(ii) Where the permit involves lands 

that are under the exclusive jurisdiction 

of the United States, the holder or his 

or her employees, contractors, or agents 

of the contractors, shall be liable to third 

parties for injuries incurred in 

connection with the permit area. 

(iii) Grants of permits involving 

special hazards will impose liability 

without fault for injury and damage to 

the land and property of the United 

States up to a specified maximum limit 

commensurate with the foreseeable risks 

or hazards presented. The amount of nofault liability for each occurrence is 

hereby limited to no more than 

$5,000,000. 

(8) To notify promptly the project 

manager in charge of the amount of 

merchantable timber, if any, that will be 

cut, removed, or destroyed in the 

construction and maintenance of the 

project, and to pay the United States in 

advance of construction such sum of 

money as the project manager may 

determine to be the full stumpage value 

of the timber to be so cut, removed, or 

destroyed. 

(9) That all or any part of the permit 

granted may be terminated by the 

Regional Director, for failure to comply 

with any or all of the terms or 

conditions of the permit, or for 

abandonment. 

(i) A rebuttable presumption of 

abandonment is raised by deliberate 

failure of the holder to use, for any 

continuous 2-year period, the permit for 

the purpose for which it was granted or 

renewed. In the event of noncompliance 

or abandonment, the Regional Director 

will notify in writing the holder of the 

permit of his or her intention to suspend 

or terminate such permit 60 days from 

the date of the notice, stating the 

reasons therefor, unless prior to that 

time the holder completes such 

corrective actions as are specified in the 

notice. The Regional Director may grant 

an extension of time within which to 

complete corrective actions when, in his 

or her judgment, extenuating 

circumstances not within the holder’s 

control, such as adverse weather 

conditions, disturbance to wildlife 

during breeding periods or periods of 

peak concentration, or other compelling 

reasons, warrant. 

(ii) Should the holder of a right-ofway issued under authority of the 

Mineral Leasing Act of 1920, as 

amended (30 U.S.C. 181 et seq.), fail to 

take corrective action within the 60-day 

period, the Regional Director will 

provide for an administrative 

proceeding pursuant to 5 U.S.C. 554, 

prior to a final Departmental decision to 

suspend or terminate the permit. In the 

case of all other right-of-way holders, 

failure to take corrective action within 

the 60-day period will result in a 

determination by the Regional Director 

to suspend or terminate the permit. 

(iii) No administrative proceeding 

shall be required where the permit 

terminates under its terms. 

(10) To restore the land to the 

condition it was in prior to issuance of 

the permit, so far as it is reasonably 

possible to do so upon revocation and/ 

or termination of the permit, unless this 

requirement is waived in writing by the 

Regional Director. 

(11) To keep the project manager 

informed at all times of his or her 

address, and, in case of corporations, of 

the address of its principal place of 

business and the names and addresses 

of its principal officers. 

(12) That in the construction, 

operation, and maintenance of the 

project, he or she must not discriminate 

against any employee or applicant for 

employment because of race, color, 

religion, sex, or national origin and 

must require an identical provision to 

be included in all subcontracts. 

(13) That the grant of the permit shall 

be subject to the express condition that 

the exercise thereof will not unduly 

interfere with the management, 

administration, or disposal by the 

United States of the land affected 

thereby. The applicant agrees and 

consents to the occupancy and use by 

the United States, its grantees, 

permittees, or lessees of any part of the 

permit area not actually occupied for 

the purpose of the granted rights to the 

extent that such use does not interfere 

with the full and safe utilization thereof 

by the holder. The holder of a permit 

also agrees that authorized 

representatives of the United States 

shall have the right of access to the 

permit area for the purpose of making 

inspections and monitoring the 

construction, operation, and 

maintenance of facilities. 

(14) That the permit herein granted 

shall be subject to the express covenant 

that any facility constructed thereon 

will be modified or adapted, if such is 

found by the Regional Director to be 

necessary, without liability or expense 

to the United States, so that such facility 

will not conflict with the use and 

occupancy of the land for any 

authorized works that may hereafter be 

constructed thereon under the authority 

of the United States. Any such 

modification will be planned and 

scheduled so as not to interfere unduly 

with or to have minimal effect upon 

continuity of energy and delivery 

requirements. 

(15) That the permit herein granted 

shall be for the specific use described 

and may not be construed to include the 

further right to authorize any other use 

within the permit area unless approved 

in writing by the Regional Director. 

(16) The Regional Director may 

require permit modifications at any 

future date to ensure that the permitted 

use is compatible with the Refuge 

System mission and the purposes of the 

refuge. Required permit modifications 

may include changes to permit 

conditions and/or additional 

stipulations that a Regional Director 

deems necessary based on new 

information. 

(17) The permittee will comply with 

the Archaeological Resources Protection 

Act (16 U.S.C. 470aa). The disturbance 

of archaeological or historical sites and 

the removal of artifacts from Federal 

land are prohibited. If such sites or 

artifacts are encountered, the permittee 

will immediately cease all work upon 

Federal land and notify the project 

manager. 

(18) The permittee will comply with 

the applicable requirements of the 

Migratory Bird Treaty Act of 1918 (16 

U.S.C. 703–712), the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.), the Wilderness Act of 1964 (16 

U.S.C. 1131 et seq.), the Wild and 

Scenic Rivers Act of 1968 (16 U.S.C. 

1271 et seq.), and the National Historic 

Preservation Act of 1966 (54 U.S.C. 

300101 et seq.). 

§ 29.21–9 [Amended] 

■ 8. Amend newly redesignated 

§ 29.21–9 by, in paragraph (a), adding 

the words ‘‘or her’’ after the word ‘‘his’’. 

■ 9. Amend newly redesignated 

§ 29.21–10 by: 

■ a. Revising paragraph (b) to read as set 

forth below; and 

■ b. In paragraph (c), adding the words 

‘‘or her’’ after the word ‘‘him’’. 

§ 29.21–10 Disposal, transfer or 

termination of interest. 

* * * * * 

(b) Transfer of permit. Any proposed 

transfer, by assignment, lease, operating 

agreement or otherwise, of a permit 

must be filed with the Regional Director 

and must be supported by a stipulation 

that the transferee agrees to comply with 

and be bound by the terms and 

conditions of the original grant. A $100 

nonrefundable service fee must 

accompany the proposal. No transfer 

will be recognized unless and until 


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approved in writing by the Regional 

Director. 

* * * * * 

■ 10. Revise newly redesignated 

§ 29.21–11 to read as follows: 

§ 29.21–11 Required Payment for use and 

occupancy of national wildlife refuge lands. 

(a) Payment for use and occupancy of 

lands under the regulations of this 

subpart is required for the fair market 

value or fair market rental value as 

determined by the Regional Director 

using any Department of the Interiorapproved method to determine those 

values. 

(1) At the discretion of the Regional 

Director, the payment may be a fair 

market rental payment, paid annually, 

or a lump sum payment, made in 

advance of permit issuance. 

(2) If any Federal, State, or local 

agency is exempt from such payment 

under any other provision of Federal 

law, such agency shall inform the U.S. 

Fish and Wildlife Service of the 

applicable Federal law during the 

required pre-application meeting, and 

shall otherwise compensate the Service 

by any other means acceptable to the 

Regional Director, including, but not 

limited to, making other land available 

or loaning of equipment or personnel, 

except that any such compensation shall 

relate to, and be consistent with, the 

mission of the National Wildlife Refuge 

System. For these agencies exempted 

from payment by law, the Regional 

Director may waive such requirement 

for other compensation if he or she finds 

such requirement impracticable or 

unnecessary. 

(b) When annual rental payments are 

used, such rates will be reviewed by the 

Regional Director not more than every 5 

years after the issuance of the permit or 

the last revision of the permit, 

whichever is later. The Regional 

Director will furnish a notice in writing 

to the holder of a permit of intent to 

impose new charges to reflect fair 

market value commencing with the 

ensuing charge year. The revised 

charges will be effective unless the 

holder files an appeal in accordance 

with § 29.22. 

§ 29.21–12 [Amended] 

■ 11. Amend newly redesignated 

§ 29.21–12 by: 

■ a. In the introductory text, by 

removing the citation ‘‘§ 29.21–4(b)’’ 

and adding in its place the citation 

‘‘§ 29.21–8(b)’’; 

■ b. In paragraph (a), by adding the 

words ‘‘or her’’ after the word ‘‘his’’ 

both times that it appears; and 

■ c. In paragraph (b), by adding the 

words ‘‘or her’’ after the word ‘‘him’’ 

both times that it appears. 

■ 12. Revise newly redesignated 

§ 29.21–13 to read as follows: 

§ 29.21–13 Rights-of-way for pipelines for 

the transportation of oil, natural gas, 

synthetic liquid or gaseous fuels, or any 

refined product produced therefrom. 

(a) Application procedure. (1) 

Applications for pipelines and related 

facilities under this section are to be 

filed in accordance with § 29.21–4 with 

the following exception: When the rightof-way or proposed facility will occupy 

Federal land under the control of more 

than one Federal agency and/or more 

than one bureau or office of the 

Department of the Interior, a single 

application shall be filed with the 

appropriate State Director of the Bureau 

of Land Management in accordance 

with regulations in 43 CFR part 2800. 

(2) Any portion of the facility 

occupying land of the National Wildlife 

Refuge System will be subject to the 

provisions of the regulations in this 

part. 

(b) Right-of-way permits. Right-of-way 

permits issued under this section will 

be subject to the special requirements of 

section 28 of the Mineral Leasing Act of 

1920, as amended (30 U.S.C. 181 et 

seq.). Gathering lines and associated 

structures used solely in the production 

of oil and gas under valid leases on the 

lands administered by the U.S. Fish and 

Wildlife Service are excepted from the 

provisions of this section. 

(1) Pipeline safety. Rights-of-way 

permits issued under this section will 

include requirements that will protect 

the safety of workers and protect the 

public from sudden ruptures and slow 

degradation of the pipeline. An 

applicant must agree to design, 

construct, and operate all proposed 

facilities in accordance with the 

provisions of 49 CFR parts 192 or 195 

and in accordance with the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 651 et seq.), including 

any amendments thereto. 

(2) Environmental protection. An 

application for a right-of-way must 

contain environmental information 

required by § 29.21–4(a)(2). If the 

Regional Director determines that a 

proposed project will have a significant 

effect on the environment, there must 

also be furnished a plan of construction, 

operation, and rehabilitation of the 

proposed facilities. In addition to terms 

and conditions imposed under § 29.21– 

8, the Regional Director will impose 

such stipulations as may be required to 

ensure: 

(i) Restoration, revegetation, and 

curtailment of erosion of the surface; 

(ii) That activities in connection with 

the right-of-way or permit will not 

violate applicable air and water quality 

standards in related facilities siting 

standards established by law; 

(iii) Control or prevention of damage 

to the environment including damage to 

fish and wildlife habitat, public or 

private property, and public health and 

safety; and 

(iv) Protection of the interests of 

individuals living in the general area of 

the right-of-way who rely on the fish, 

wildlife, and biotic resources of the area 

for subsistence purposes. 

(c) Disclosure. Applicants that are a 

partnership, corporation, association, or 

other business entity must disclose the 

identity of the participants in the entity. 

Such disclosure shall include where 

applicable: 

(1) The name and address of each 

partner; 

(2) The name and address of each 

shareholder owning 3 percentum or 

more of the shares, together with the 

number and percentage of any class of 

voting shares of the entity that such 

shareholder is authorized to vote; and 

(3) The name and address of each 

affiliate of the entity together with, in 

the case of an affiliate controlled by the 

entity, the number of shares and the 

percentage of any class of voting stock 

of that affiliate owned, directly or 

indirectly, by that entity, and in the case 

of an affiliate which controls that entity, 

the number of shares and the percentage 

of any class of voting stock of that entity 

owned, directly or indirectly, by the 

affiliate. 

(d) Technical and financial 

capability. The Regional Director may 

grant or renew a right-of-way permit 

under this section only when he or she 

is satisfied that the applicant has the 

technical and financial capability to 

construct, operate, maintain, and 

terminate the facility. At the discretion 

of the Regional Director, a financial 

statement may be required. 

(e) Reimbursement of costs. In 

accordance with § 29.21–6, the holder of 

a right-of-way permit must reimburse 

the Service for the cost incurred in 

monitoring the construction, operation, 

maintenance, and termination of any 

pipeline or related facilities as 

determined by the Regional Director. 

(f) Public hearing. The Regional 

Director shall give notice to Federal, 

State, and local government agencies, 

and the public, and afford them the 

opportunity to comment on right-of-way 

applications under this section. A notice 

will be published in the Federal 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules 5129 

Register, and a public hearing may be 

held where appropriate. 

(g) Bonding. Where appropriate, the 

Regional Director may require the 

holder of a right-of-way permit to 

furnish a bond, or other security 

satisfactory to him, to secure all or any 

of the obligations imposed by the terms 

and conditions of the right-of-way 

permit or by any rule or regulation, not 

to exceed the period of construction 

plus 1 year or a longer period if 

necessary for the pipeline to stabilize. 

(h) Suspension of right-of-way. If the 

project manager determines that an 

immediate temporary suspension of 

activities within a right-of-way permit 

area is necessary to protect public 

health and safety or the environment, he 

or she may issue an emergency 

suspension order to abate such activities 

prior to an administrative proceeding. 

The Regional Director must make a 

determination and notify the holder in 

writing within 15 days from the date of 

suspension as to whether the 

suspension should continue and list 

actions needed to terminate the 

suspension. Such suspension shall 

remain in effect for only so long as an 

emergency condition continues. 

(i) Joint use of rights-of-way. Each 

right-of-way permit shall reserve to the 

Regional Director the right to grant 

additional rights-of-way permits for 

compatible uses on or adjacent to rightsof-way permit areas granted under this 

section after giving notice to the holder 

and an opportunity to comment. 

(j) Common carriers. Pipelines and 

related facilities used for the 

transportation of oil, natural gas, 

synthetic liquid or gaseous fuels, or any 

refined product produced therefrom 

shall be constructed, operated, and 

maintained as common carriers. 

(1) The owners or operators of 

pipelines subject to this subpart shall 

accept, convey, transport, or purchase 

without discrimination all oil or gas 

delivered to the pipeline without regard 

to whether such oil or gas was produced 

on Federal or non-Federal lands. 

(2) In the case of oil or gas produced 

from Federal lands or from the resources 

on the Federal lands in the vicinity of 

the pipelines, the Secretary may, after a 

full hearing with due notice thereof to 

the interested parties and a proper 

finding of facts, determine the 

proportionate amounts to be accepted, 

conveyed, transported, or purchased. 

(3) The common carrier provisions of 

this section shall not apply to any 

natural gas pipeline operated by any 

person subject to regulation under the 

Natural Gas Act or by any public utility 

subject to regulation by a State or 

municipal regulatory agency having 

jurisdiction to regulate the rates and 

charges for the sale of natural gas to 

consumers within the State or 

municipality. 

(4) Where natural gas not subject to 

State regulatory or conservation laws 

governing its purchase by pipelines is 

offered for sale, each such pipeline shall 

purchase, without discrimination, any 

such natural gas produced in the 

vicinity of the pipeline. 

(k) Required information. The 

Regional Director shall require, prior to 

granting or renewing a right-of-way, that 

the applicant submit and disclose all 

plans, contracts, agreements, or other 

information or material that the 

Regional Director deems necessary to 

determine whether a right-of-way shall 

be granted or renewed and the terms 

and conditions that should be included 

in the right-of-way. Such information 

may include, but is not limited to: 

(1) Conditions for, and agreements 

among owners or operators, regarding 

the addition of pumping facilities, 

looping, or otherwise increasing the 

pipeline or terminal’s throughput 

capacity in response to actual or 

anticipated increases in demand; 

(2) Conditions for adding or 

abandoning intake, offtake, or storage 

points or facilities; and 

(3) Minimum shipment or purchase 

tenders. 

(l) State standards. The Regional 

Director shall take into consideration, 

and to the extent practical comply with, 

applicable State standards for right-ofway construction, operation, and 

maintenance. 

(m) Congressional notification. The 

Secretary shall promptly notify the 

Committee on Natural Resources of the 

United States House of Representatives 

and the Committee on Energy and 

Natural Resources of the United States 

Senate upon receipt of an application 

for a right-of-way for pipeline 24 inches 

or more in diameter, and no right-ofway for such a pipeline shall be granted 

until 60 days (not including days on 

which the House or Senate has 

adjourned for more than 3 days) after a 

notice of intention to grant the right-ofway, together with the Secretary’s 

detailed findings as to the terms and 

conditions he or she proposes to 

impose, has been submitted to such 

committees. 

George Wallace, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2021–00704 Filed 1–15–21; 8:45 am] 

BILLING CODE 4333–15–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS