99732 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

§ 262.16 Conditions for exemption for a 

small quantity generator that accumulates 

hazardous waste. 

(b) * * * 

(1) Accumulation limit. The quantity 

of acute hazardous waste accumulated 

on site never exceeds 1 kilogram (2.2 

pounds) and the quantity of non-acute 

hazardous waste accumulated on site 

never exceeds 6,000 kilograms (13,200 

pounds); 

* * * * * 

■ 5. Section 262.17 is amended by 

revising (a)(8)(i) to read as follows: 

§ 262.17 Conditions for exemption for a 

large quantity generator that accumulates 

hazardous waste. 

(a) * * * 

(8) * * * 

(i) Notification for closure of a waste 

accumulation unit. A large quantity 

generator must perform one of the 

following when closing a waste 

accumulation unit, but not all waste 

accumulation units: 

(A) Place a notice in the operating 

record within 30 days after closure 

identifying the location of the unit 

within the facility (if the waste 

accumulation unit is subsequently 

reopened, the generator may remove the 

notice from the operating record); or 

(B) Meet the closure performance 

standards of paragraph (a)(8)(iii) of this 

section for container, tank, and 

containment building waste 

accumulation units or paragraph 

(a)(8)(iv) of this section for drip pads 

and notify EPA following the 

procedures in paragraph (a)(8)(ii)(B) of 

this section for the waste accumulation 

unit. 

* * * * * 

PART 266—STANDARDS FOR THE 

MANAGEMENT OF SPECIFIC 

HAZARDOUS WASTES AND SPECIFIC 

TYPES OF HAZARDOUS WASTE 

MANAGEMENT FACILITIES 

■ 6. The authority for part 266 

continues to read as follows: 

Authority: 42 U.S.C. 1006, 2002(a), 3001– 

3009, 3014, 3017, 6905, 6906, 6912, 6921, 

6922, 6924–6927, 6934, and 6937. 

■ 7. Section 266.508 is amended by 

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

follows: 

§ 266.508 Shipping non-creditable 

hazardous waste pharmaceuticals from a 

healthcare facility or evaluated hazardous 

waste pharmaceuticals from a reverse 

distributor. 

(a) * * * 

(2) * * * 

(ii) A healthcare facility shipping noncreditable hazardous waste 

pharmaceuticals must write the word 

‘‘PHRM’’ or ‘‘PHARMS’’ in Item 13 of 

EPA Form 8700–22. A healthcare 

facility may also include the applicable 

EPA hazardous waste numbers (i.e., 

hazardous waste codes) in Item 13 of 

EPA Form 8700–22. 

* * * * * 

[FR Doc. 2024–28802 Filed 12–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2023–0021] 

RIN 2127–AM37 

Federal Motor Vehicle Safety 

Standards; Automatic Emergency 

Braking Systems for Light Vehicles; 

Correction 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; response to petitions 

for reconsideration; correction. 

SUMMARY: This document corrects a 

November 26, 2024 final rule partially 

granting petitions for reconsideration of 

a May 9, 2024, final rule that adopted 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 127, ‘‘Automatic 

Emergency Braking for Light Vehicles,’’ 

which requires automatic emergency 

braking (AEB), pedestrian automatic 

emergency braking (PAEB), and forward 

collision warning (FCW) systems on all 

new light vehicles. This document 

corrects a typographical error in the 

amendatory instructions. 

DATES: Effective January 27, 2025. 

ADDRESSES: Correspondence related to 

this rule should refer to the docket 

number set forth above (NHTSA–2023– 

0021) and be submitted to the 

Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues: Mr. Markus Price, 

Office of Crash Avoidance Standards, 

Telephone: (202) 366–1810, Facsimile: 

(202) 366–7002. For legal issues: Mr. Eli 

Wachtel, Office of the Chief Counsel, 

Telephone: (202) 366–2992, Facsimile: 

(202) 366–3820. The mailing address for 

these officials is: National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2024–27349 appearing on page 93199 in 

the Federal Register of Tuesday, 

November 26, 2024, the following 

correction is made: 

§ 571.127 [Corrected] 

■ On page 93220, in the first column, in 

part 571, in amendment 2.b, the 

instruction ‘‘Revising S5.1.1(a)(3) and 

(4), S5.1.1(b)(2), S5.1.3, and S8.3.3(g).’’ 

is corrected to read ‘‘Revising 

S5.1.1(a)(3) and (4), S5.1.1(b)(1), S5.1.3, 

and S8.3.3(g).’’. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator, Rulemaking. 

[FR Doc. 2024–28998 Filed 12–10–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 29 

[Docket No. FWS–HQ–NWRS–2019–0017; 

FF09R50000–XXX–FVRS3451900000] 

RIN 1018–BD78 

Permitting of Rights-of-Way Across 

National Wildlife Refuges and Other 

U.S. Fish and Wildlife ServiceAdministered Lands 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are revising 

our process for permitting of rights-ofway across National Wildlife Refuge 

System lands and other Serviceadministered lands. By aligning Service 

processes more closely with those of 

other Department of the Interior 

bureaus, to the extent practicable and 

consistent with applicable law, we will 

reduce the amount of time the Service 

requires to process applications for 

rights-of-way across Service-managed 

lands. We will require a preapplication 

meeting and use of a standard 

application, allow electronic submission 

of applications, and provide 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. Additionally, we are 

implementing new permit terms and 

conditions and other regulatory 

changes. 

DATES: This rule is effective January 10, 

2025. 


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ADDRESSES: This final rule, its 

supporting documents, and the 

comments we received on the proposed 

rule (86 FR 5120, January 19, 2021) and 

revised proposed rule (88 FR 47442, 

July 24, 2023) are available at https://

www.regulations.gov at Docket No. 

FWS–HQ–NWRS–2019–0017. 

Information collection requirements: 

Written comments and suggestions on 

the information collection requirements 

may be submitted at any time to the 

Service Information Collection 

Clearance Officer, U.S. Fish and 

Wildlife Service, 5275 Leesburg Pike, 

MS: PRB (JAO/3W), Falls Church, VA 

22041–3803 (mail); or Info_Coll@fws.gov 

(email). Please reference ‘‘OMB Control 

Number 0596–0249’’ in the subject line 

of your comments. 

FOR FURTHER INFORMATION CONTACT: Ken 

Fowler, U.S. Fish and Wildlife Service, 

MS: NWRS, 5275 Leesburg Pike, Falls 

Church, VA 22041; (703) 358–1876. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point of 

contact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

The mission of the U.S. Fish and 

Wildlife Service (Service) is working 

with others to conserve, protect, and 

enhance fish, wildlife, plants, and their 

habitats for the continuing benefit of the 

American people. The Service has some 

amount of management responsibility 

for more than 96 million terrestrial acres 

as well as an additional 760 million 

acres of submerged lands in marine 

national monuments. The 96 million 

acres of terrestrial land includes: 

• approximately 89 million acres 

where the Service is the principal land 

manager and permitting authority; 

• nearly 4.9 million acres of 

conservation easements on private 

lands, where landowners are the 

principal land managers but the Service 

has a permitting role when a proposed 

use will affect the United States’ real 

property interest; 

• more than 1.7 million acres of 

public land, where another Federal 

agency is the principal land manager 

and permitting authority but where the 

Service has some management 

responsibility through an agreement 

with another agency; and 

• approximately 775,000 acres under 

a temporary lease or agreement where 

another entity is the permitting 

authority. 

Of the 89 million acres of terrestrial 

land principally managed by the 

Service, 76.8 million acres are in 

Alaska, 12.2 million acres are in the 

lower 48 States, and 50,000 acres are in 

Hawaii. The vast majority of these acres 

are part of the National Wildlife Refuge 

System (Refuge System), the mission of 

which 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)). 

The total also includes approximately 

21,000 acres of public land in the 

National Fish Hatchery System, which 

the Service manages for the propagation 

and distribution of fish and other 

aquatic animal life. 

The 89 million acres of terrestrial land 

includes more than 20 million acres of 

designated wilderness that the Service 

manages for ‘‘the preservation of their 

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 specific wildernessdesignation 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 requirements for the 

administration of the area for 

Wilderness Act purposes. The Alaska 

National Interest Lands Conservation 

Act (ANILCA; Pub. L. 96–487; 16 U.S.C. 

3101 et seq.) includes provisions that 

allow for transportation and utility 

system uses within conservation system 

units, including designated wilderness. 

Statutory Authority 

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), and ANILCA. For lands in 

Alaska, the Improvement Act specifies 

that ANILCA provisions prevail in any 

situation in which there is a conflict 

between any provision in the 

Improvement Act and any provision of 

ANILCA. If a right-of-way across Refuge 

System lands is authorized by ANILCA 

(see 16 U.S.C. 3162(B)), then the Service 

must follow the procedures in 43 CFR 

part 36 when permitting the right-ofway and follow other applicable Refuge 

System laws and regulations where they 

do not conflict with ANILCA. 

The Administration Act, as amended 

by the Improvement Act, authorizes the 

Service to permit a new use, or expand, 

renew, or extend an existing use, of a 

refuge only when the Service 

determines it is a compatible use. The 

Improvement Act defines a ‘‘compatible 

use’’ as a wildlife-dependent 

recreational use or any other use of a 

refuge that, in the sound professional 

judgment of the Service 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. 

Compatible Use Determinations 

A ‘‘compatibility determination’’ is a 

written determination, typically signed 

and dated by the Refuge Manager, that 

an existing or new use of a refuge is 

compatible with the Refuge System 

mission and the purpose(s) of the 

refuge. Currently, there are more than 

570 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 the Service 

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 (CFR) in 

parts 25 and 26. The Improvement Act 

authorizes the Service to permit a rightof-way across Refuge System land only 

when the right-of-way is a compatible 

use. 

The Improvement Act’s compatibility 

requirements apply only to Service 

permitting of rights-of-way across 

Refuge System lands and do not apply 

to other Service lands, except in the 

case of National Fish Hatchery System 

lands, where, by regulation at 50 CFR 

70.6, the Refuge compatibility 

requirements in 50 CFR part 26 are 

equally applicable to fish hatcheries, 

and at 50 CFR 70.7, where the right-ofway regulations are equally applicable 

to fish hatcheries. The Service processes 

applications for other rights-of-way 

across lands outside the Refuge System 

and National Fish Hatchery System 

under the applicable authority cited at 

43 CFR part 2800, and these lands are 

not subject to the Improvement Act’s 

compatibility requirement. 

The Administration Act authorizes 

the Secretary of the Interior, acting 


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through the Service Director, to issue a 

right-of-way permit for a compatible use 

across Refuge System lands only if the 

applicant pays the Service 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, 

including certain provisions of ANILCA. 

In addition, before issuing a right-ofway permit, the Service 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, as amended (ESA; 16 U.S.C. 1531 

et seq.); the National Historic 

Preservation Act of 1966 (NHPA; 54 

U.S.C. 300101 et seq.); and other 

applicable laws and Executive orders. 

Existing Rights-of-Way 

The regulations at 50 CFR 26.41 state 

that, for existing rights-of-way, the 

Service 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 

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 accordance with the Improvement 

Act and 50 CFR 25.21, in the case of any 

right-of-way permit issued on or before 

November 17, 2000, for a term of more 

than 10 years (such as an electric utility 

right-of-way), the Service will not 

reevaluate whether the use is a 

compatible use during the permit term 

so long as the right-of-way holder is in 

compliance with all the terms and 

conditions of the permit. Prior to 

extending or renewing such long-term 

uses at the expiration of the 

authorization, the Service will make a 

new compatibility determination, but 

such compatibility determinations will 

base their analysis on the existing 

conditions with the use in place, not 

from a pre-use perspective. All permits 

issued after November 17, 2000, must 

include terms and conditions that 

specifically allow for modifications to 

the terms and conditions, if necessary to 

ensure compatibility. For older permits 

that do not include this stipulation, the 

Service may request permit 

modifications to ensure that a use 

remains a compatible use. All right-ofway permits issued by the Service 

include language allowing the Service to 

terminate the right-of-way permit if the 

permit holder’s use violates the permit 

terms and conditions. 

Additionally, this final rule and the 

Improvement Act’s compatibility 

requirement do not apply to permanent 

rights and rights-of-way in existence 

prior to land acquisition by the United 

States, including prior existing highway 

rights-of-way held by State and local 

units of government, except in 

situations where there is a proposed 

expansion, rerouting, or additional use 

of a right-of-way that will encumber 

Refuge System lands. The Improvement 

Act requires that all uses of Refuge 

System lands be compatible with the 

purpose(s) for which those areas were 

established and the mission of the 

Refuge System, and activities not 

authorized by a preexisting right-of-way 

are subject to 50 CFR 26.41 and the 

regulations in this final rule. 

The Service may not authorize an 

expansion, rerouting, or additional use 

of a right-of-way that will encumber 

Refuge System lands unless the use is 

compatible with the purpose(s) for 

which those areas were established and 

the Refuge System mission. 

Amendments to the Right-of-Way 

Regulations 

On January 19, 2021, we published in 

the Federal Register (86 FR 5120) a 

proposed rule to revise and streamline 

the Service’s process for permitting of 

rights-of-way across National Wildlife 

Refuge System lands and other Serviceadministered lands, to the extent 

practicable and consistent with 

applicable law. On July 24, 2023, we 

published in the Federal Register (88 

FR 47442) a revised proposed rule based 

on feedback we received on the original 

proposed rule. For a description of the 

substantive changes proposed to the 

regulations in 50 CFR part 29, subpart 

B, see the January 19, 2021, proposed 

rule (86 FR 5120) and the July 24, 2023, 

revised proposed rule (88 FR 47442). 

Summary of Comments and Responses 

We accepted public comments on the 

January 19, 2021, proposed rule (86 FR 

5120) for 60 days, ending March 22, 

2021. By that date, we received 11 

comments. Three comments suggested 

that the Service make no changes to its 

regulations to streamline right-of-way 

permitting. Overall, nine comments 

suggested no additional changes to 

those we had proposed. We discussed 

the remaining comments in our July 24, 

2023, revised proposed rule (88 FR 

47442). 

We accepted public comments on the 

revised proposed rule for 30 days, 

ending August 23, 2023. We received 

comments from 13 different individuals 

or organizations. Two individuals or 

organizations suggested the Service 

make no changes to its regulations to 

streamline right-of-way permitting. Two 

others suggested the Service streamline 

its permitting process only when doing 

so would benefit transmission of 

renewable energy. We discuss the 

remaining comments by topic, below. 

Comment (1): The Center for 

Biological Diversity and another 

commenter expressed opposition to the 

changes in the proposed rule and urged 

the Service to withdraw the proposed 

rule, but, if the Service did not, these 

commenters suggested that the Service 

not finalize the rule until the Service 

completes a programmatic consultation 

under the ESA. 

Our response: No regulatory revisions 

in this rule will change the types of uses 

that the Service authorizes across 

Service-managed lands. The rule 

provides more clarity to applicants 

about the right-of-way application 

process and streamlines inefficient 

processes for applicants and the Service. 

Given that this rule has no impact on 

authorized uses, a programmatic 

consultation to determine cumulative 

impacts is not appropriate. Where 

appropriate, the Service will conduct 

the appropriate ESA consultation when 

processing individual right-of-way 

permit applications. We did not make 

any changes to the proposed rule as a 

result of these comments. 

Comment (2): The Edison Electric 

Institute (EEI) requested that the Service 

ensure that electric infrastructure rightsof-way remain a compatible use on 

Refuge System lands, and EEI requested 

guidance concerning the submittal of 

facility construction plans and 

vegetation management plans. 

Our response: Consistent with the 

final compatibility regulations 

implementing the National Wildlife 

Refuge System Improvement Act, 

published at 65 FR 62458 (October 18, 

2000), it is not the Service’s intent to 

restrict or eliminate previously 

permitted rights-of-way for 

infrastructure. However, in accordance 

with 50 CFR 25.21, the Service may seek 

modifications to the terms and 

conditions of existing right-of-way 

permits if necessary to ensure that a 

permitted use remains a compatible use. 

With respect to such preexisting uses, 

in this final rule, we added a new 

section, § 29.12, Preexisting uses, to 

clarify that these regulations have no 


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impact on activities explicitly 

authorized by a permanent right or 

right-of-way obtained prior to 

acquisition by the United States, such as 

existing rights-of-way for power lines 

and other electrical infrastructure. 

However, any proposed expansion, 

rerouting, or additional use of a right-ofway that will encumber Refuge System 

lands must be in accordance with the 

requirements and procedures of 50 

CFR 25.21 and 26.41(c). 

Before the Service will process a 

request for a right-of-way permit, the 

Service requires a preliminary site and 

facility construction plan for a proposed 

right-of-way that requires construction. 

A preliminary site and facility 

construction plan is an attachment 

required by the Standard Form 299, 

Application for Transportation, Utility 

Systems, Telecommunications and 

Facilities on Federal Lands and Property 

(SF–299), which applicants must submit 

to request a right-of-way permit. Before 

the Service can issue a right-of-way 

permit or renewal, the Service also 

requires a vegetation management plan 

when vegetation will be disturbed by 

construction, operation, or maintenance 

of the right-of-way. The contents of 

facility construction plans and 

vegetation management plans will vary 

depending on the scope and location of 

the proposed right-of-way and the 

wildlife habitat and species impacted. 

During a preapplication consultation for 

a right-of-way, a modification of an 

existing right-of-way, or a renewal, the 

Service can provide guidance to an 

applicant about information that must 

be covered by these plans. We did not 

make any changes to the final rule as a 

result of EEI’s comments pertaining to 

these plans. 

Comment (3): The Energy and 

Wildlife Action Coalition (EWAC) 

suggested that the Service revise 

proposed § 29.21–3, Compatibilitydetermination requirement, by adding 

‘‘or to activities authorized by 

preexisting rights-of-way’’ after 

‘‘privately owned minerals,’’ to make 

the language of the regulation consistent 

with the preamble. 

Our response: We concur with 

EWAC’s suggestion to make the 

language of the regulation consistent 

with the preamble of the proposed rule 

about how the Service handles 

preexisting rights-of-way. Therefore, in 

addition to adding the new section, 

§ 29.12, as discussed above, to clarify 

that these regulations have no impact on 

permanent rights and rights-of-way in 

existence prior to acquisition by the 

United States, we also revised proposed 

§ 29.21–3 (now at § 29.13 in this final 

rule) to add the words ‘‘or to activities 

explicitly authorized by a permanent 

right or right-of-way obtained prior to 

acquisition by the United States’’ after 

‘‘privately owned minerals’’ in this final 

rule. 

Comment (4): EWAC suggested that, 

since a compatibility determination is a 

threshold requirement, the Service’s 

implementing regulations should limit 

the information the agency initially 

requests to the information it requires to 

make a compatibility determination. 

Consistent with that idea, EWAC 

suggested that the Service be more 

flexible with respect to the amount of 

environmental information that must 

accompany a right-of-way application. 

Our response: The Service typically 

requires an environmental analysis 

before we may make a final 

determination that a proposed use is 

compatible with the mission of the 

Refuge System and the purpose(s) of the 

refuge. However, the Service may 

require less information to ascertain 

whether or not a proposed use would 

conflict with the goals or objectives in 

an approved refuge management plan 

(e.g., comprehensive conservation plan, 

comprehensive management plan, or 

step-down management plan), which 

describe how the Service will 

accomplish the purpose(s) of the refuge. 

Such a conflict would require changes 

to the proposed use before it could 

potentially be found compatible with 

the purpose(s) of the refuge. 

We concur with EWAC that the 

Service’s implementing regulations 

should limit the information the agency 

initially requests to the information it 

requires to make a compatibility 

determination, and that an applicant 

should not prepare an environmental 

analysis to satisfy NEPA requirements 

until after the applicant has discussed 

the proposed use with the Service and 

provided basic environmental 

information to inform discussions with 

the Service. Therefore, we revised 

proposed § 29.21–4 (now at § 29.16, 

Right-of-way permit application, in this 

final rule), to require supplemental 

environmental information in lieu of an 

environmental analysis with initial 

application submission. Consistent with 

this change, we added the new section, 

§ 29.15, General application procedures, 

which summarizes the steps in the 

right-of-way application process and 

clarifies that the Service will deem an 

application to be complete, and notify 

the applicant of such, after the Service 

has determined that the provided 

information is sufficient for the agency 

to make a compatibility determination 

and comply with NEPA. This section 

also states that the Service will notify 

the applicant if additional information 

is required for a complete application. 

Comment (5): EWAC suggested that, 

since NEPA documents are routinely 

developed by third-party contractors in 

consultation with the Service, required 

upfront payments for application 

processing should not include the 

estimated cost of preparing 

environmental review documents to 

satisfy NEPA requirements. 

Our response: We concur, and we 

revised proposed § 29.21–6 (now at 

§ 29.18 in this final rule) to clarify that 

the Service’s required upfront payments 

for application processing will not 

include the cost of preparing 

environmental review documents to 

satisfy NEPA requirements when the 

applicant will assume responsibility for 

the costs of that work. 

Comment (6): The State of Utah, 

Public Lands Policy Coordinating 

Office, suggested that the regulations 

include language similar to that 

included in the preamble of the 

proposed rule stating that there will be 

‘‘no impact on prior existing highway 

rights-of-way held by State and local 

units of government on Serviceadministered land.’’ 

Our response: We concur with the 

State of Utah’s suggestion to make the 

language of the regulations consistent 

with the preamble of the proposed rule. 

Therefore, as discussed earlier in this 

final rule, we have added a new section, 

§ 29.12, Preexisting uses, to clarify that 

these regulations have no impact on 

permanent rights-of-way in existence 

prior to acquisition by the United States. 

Additionally, consistent with this 

change, we revised proposed § 29.21–3, 

Compatibility-determination 

requirement (now at § 29.13 in this final 

rule), to clarify that no compatibility 

determination is required for activities 

explicitly authorized by a permanent 

right or right-of-way obtained prior to 

acquisition by the United States. 

Comment (7): The State of Utah, 

Public Lands Policy Coordinating 

Office, reiterated its concern that, in 

remote areas, requiring an applicant to 

provide a survey plat prepared by a 

licensed professional land surveyor or 

another professional licensed by the 

State will create an unnecessary burden. 

The State reiterated its recommendation 

that the Service waive the requirement 

for a survey plat when it would be a 

burden for a right-of-way requestor. 

Our response: The Service recognizes 

the challenges in surveying rights-ofway in remote areas. In the final rule, to 

increase flexibility for unique 

circumstances, we added a provision to 

allow a licensed Service land surveyor 

to waive the requirement of a survey 


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plat for a proposed right-of-way in a 

remote location if they determine that 

the Global Positioning System (GPS) 

coordinates and supporting location 

information submitted by the applicant 

for inclusion in the right-of-way permit 

are adequate to locate the proposed 

right-of-way with minimal risk to the 

United States. 

Comment (8): The Wireless 

Infrastructure Association (WIA) 

recommended that the Service clarify 

that, in situations where tower or 

support infrastructure for wireless 

communications is owned by a neutral 

host provider that is separate from the 

entity operating the wireless 

communications equipment, the 

operator of the wireless 

communications equipment and not the 

owner of the tower or support 

infrastructure is responsible for 

compliance with Federal rules and 

requirements related to wireless 

communication. WIA recommended 

that the Service clarify that proposed 

§ 29.21–8(c)(4) (now at § 29.20(c)(4) in 

this final rule) does not apply to 

communications facilities. 

Our response: The Service supports 

collocation of wireless communications 

sites where possible and when 

compatible with refuge purposes. The 

proposed § 29.21–8(c)(4) contained 

contradictory text, and in this final rule 

we clarify at § 29.20(c)(4) that 

collocation is allowed but we require 

that each collocating entity obtain a 

right-of-way permit. 

Comment (9): The WIA recommended 

that the Service clarify that, where 

tower or support infrastructure is owned 

and maintained by an organization 

separate from the entity operating the 

wireless communications equipment, 

the operator of the wireless 

communications equipment is 

responsible for complying with the 

applicable Federal rules and procedures 

for telecommunications sites. 

Our response: The Service concurs 

that the requirements for 

communications facilities in § 29.20(g) 

in this final rule (formerly at § 29.21– 

8(g) in the proposed rule) should not 

apply to neutral host providers, also 

sometimes referred to as tower 

companies, who own and maintain 

towers or support infrastructure on 

Service-managed land but do not 

operate or maintain wireless 

communications equipment. We revised 

§ 29.20(g) to clarify that requirements 

for communications facilities, including 

complying with the applicable Federal 

rules and procedures for 

telecommunications sites, apply to 

entities that operate or maintain 

wireless communications equipment. 

Comment (10): The Red Cliff Band of 

Lake Superior Chippewa Indians and 

the Madison Office of the Great Lakes 

Indian Fish & Wildlife Commission 

requested that the Service include in its 

regulations a permit condition that 

ensures that the right-of-way permits it 

issues do not impede access to ceded 

ancestral Tribal lands or the exercise of 

court-affirmed treaty rights. 

Our response: We concur that the 

right-of-way permits issued by the 

Service should not impede public 

access or the ability of Tribes to exercise 

court-affirmed treaty rights. Therefore, 

we revised proposed § 29.21–8(d), 

Terms and conditions required of most 

permit holders (now at § 29.20(d) in this 

final rule), to clarify that right-of-way 

permits issued by the Service will 

include language ensuring that Servicemanaged lands remain accessible to the 

public when access does not pose a 

threat to public safety or the 

environment. 

Comment (11): The State of Alaska 

suggested that lands located within 

Alaska national wildlife refuges 

conveyed under the authority of 

ANILCA sections 103(c) and 906(o) are 

exempted from Service regulations by 

the interim management regulations for 

Alaska national wildlife refuges that 

published at 46 FR 31818–31834, on 

June 17, 1981. 

Our response: The interim regulations 

promulgated in 1981 were repealed and 

superseded by the final rule 

promulgated in 1986 (51 FR 44791, 

December 12, 1986) and thus currently 

have no legal effect. Pursuant to 50 CFR 

36.1, which sets forth the regulations for 

Alaska national wildlife refuges, the 

general National Wildlife Refuge System 

regulations in title 50 CFR are 

automatically applicable in their 

entirety to the federally owned lands 

within the boundaries of Alaska 

national wildlife refuges unless stated 

otherwise in those regulations or 

amended by ANILCA. We did not make 

any changes to the final rule as a result 

of these comments. 

Comment (12): The State of Alaska 

requested that the Service exempt 

Alaska from this rule, based on the 

unique circumstances of Alaska’s 

transportation and utility systems, such 

as the relatively undeveloped road 

system at the time of ANILCA passage, 

the need to develop roads and utilities 

across Alaska refuge lands to serve 

lands transferred to Native Corporations 

under the Alaska Native Claims 

Settlement Act (ANCSA), and pipeline 

right-of-way authorizations other than 

common carrier lines. 

Our response: Pursuant to 50 CFR 

36.1, which sets forth the regulations for 

Alaska national wildlife refuges, the 

general National Wildlife Refuge System 

regulations in title 50 CFR are already 

applicable in their entirety to the 

federally owned lands within the 

boundaries of Alaska national wildlife 

refuges unless stated otherwise in those 

regulations or amended by ANILCA. As 

stated in § 29.21–1(b) in the proposed 

rules and § 29.11(b) in this final rule, 

requests for the transportation and 

utility system rights-of-way authorized 

under ANILCA must be submitted 

under the authority of 16 U.S.C. 3161 et 

seq. and follow the procedures set forth 

in 43 CFR part 36. The vast majority of 

rights-of-way requested from the Service 

in Alaska fall under ANILCA’s 

definition of transportation and utility 

systems in 16 U.S.C. 3162(B) or are 

otherwise authorized under ANILCA; 

however, any rights-of-way not 

authorized under ANILCA are subject to 

the Administration Act and its 

implementing regulations in title 50 

CFR. We did not make any changes to 

the final rule as a result of these 

comments. 

Comment (13): The State of Alaska 

suggested that compatibility has a 

different standard under ANILCA, and, 

under that standard, set forth in 43 CFR 

36.2(f), a title XI project is ‘‘compatible 

with the purposes for which the unit 

was established’’ if it ‘‘will not 

significantly interfere with or detract 

from the purposes for which the area 

was established’’ [emphasis added]. 

Therefore, the State suggests, the more 

restrictive compatibility determination 

and approval process described in 50 

CFR 26.41(c) should not apply to these 

rights-of-way. 

Our response: Consistent with 50 CFR 

36.1, rights-of-way authorized under the 

Administration Act are subject to 

regulations in title 50 CFR including 50 

CFR 25.21(b)(1) and 26.41. We did not 

make any changes to the final rule as a 

result of these comments. 

Comment (14): The State of Alaska 

requested that the Service revise the 

regulation’s definition of National 

Wildlife Refuge System lands in Alaska 

to include the list of the types of 

transportation and utility systems 

authorized in ANILCA section 

1102(4)(B) and 43 CFR 36.2(p). 

Our response: We revised the 

definition of National Wildlife Refuge 

System lands in Alaska in proposed 

§ 29.21–1(b) (now at § 29.11 in this final 

rule) to reference the list of ANILCAauthorized transportation and utility 

systems in 16 U.S.C. 3162(B), which is 

the same list in ANILCA section 

1102(4)(B) and 43 CFR 36.2(p). 

Comment (15): The State of Alaska 

suggested that the Service revise 


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proposed § 29.21–2, Preapplication 

meeting, to impose an explicit 

timeframe for preapplication meetings. 

Our response: The Service anticipates 

developing step-down policy for these 

regulations to provide guidance to 

Service employees on the appropriate 

timelines for preapplication meetings. 

Depending on the scope of the proposed 

use, multiple preapplication meetings 

may be appropriate. We did not make 

any changes to the rule as a result of this 

comment. 

Comment (16): The State of Alaska 

requested that the Service expand the 

types of oil and gas pipelines that may 

be authorized by a Regional Director to 

include additional types of pipelines, 

such as contract carrier pipelines. The 

State also requested that the Service 

rephrase language in the preamble 

pertaining to ANILCA and the 

Wilderness Act, to avoid potential 

misunderstanding about where ANILCA 

allows commercial enterprises and 

permanent roads. 

Our response: We incorporated the 

State’s requested edits into the preamble 

description of the Wilderness Act and 

ANILCA, to clarify that ANILCA 

includes provisions that allow for 

transportation and utility systems 

within conservation system units, 

including designated wilderness. At this 

time, the Service is not prepared to 

expand the types of oil and gas 

pipelines that a Regional Director may 

authorize, so we did not make that 

suggested change. 

Changes From the Proposed Rules 

As discussed above under Summary 

of Comments and Responses, in this 

final rule we have made changes to the 

regulations in the proposed rules based 

on comments we received. Additionally, 

we made clarifying edits to several 

sections to eliminate potential sources 

of confusion. 

In this final rule, in response to 

comments, we added to and updated 

several sections to make them consistent 

with the preamble of the proposed rule, 

which indicated that the regulations 

would have no impact on prior existing 

highway rights-of-way held by State and 

local units of government on Serviceadministered land. We added a new 

section, § 29.12, Preexisting uses, to 

clarify that these regulations have no 

impact on permanent rights-of-way in 

existence prior to acquisition by the 

United States, except that, consistent 

with Federal Highway Administration 

regulations in 23 CFR 645.205, activities 

not authorized by a prior existing 

highway right-of-way, as well as 

activities that fall outside the footprint 

of an existing right-of-way, are subject to 

50 CFR 26.41 and the procedures in this 

final rule. 

In response to public comments, and 

consistent with the preamble in the 

proposed rule, we revised and 

streamlined proposed § 29.21–3, 

Compatibility-determination 

requirement (now at § 29.13 in this final 

rule). Consistent with the Service’s 

compatibility policy in the Service 

Manual at 603 FW 2, we clarified that 

the Service will not issue or renew a 

right-of-way permit across National 

Wildlife Refuge System land if the use 

would conflict with the goals or 

objectives in an approved refuge 

management plan (e.g., a comprehensive 

conservation plan). For brevity, we 

deleted proposed § 29.21–3’s statutory 

citations and pointed applicants toward 

the Service’s existing compatibility 

regulations in 50 CFR 25.21, which 

address compatible use determinations 

and reevaluations for rights-of-way 

permitted before and after November 17, 

2000. Finally, in response to comments, 

we revised proposed § 29.21–3 to clarify 

that no compatibility determination is 

required for activities explicitly 

authorized by a permanent right or 

right-of-way obtained prior to 

acquisition by the United States. 

The addition of a new section, 

§ 29.12, Preexisting uses, in this final 

rule required the redesignations of 

proposed § 29.21–4 and the subsequent 

sections of the proposed rule. 

We revised proposed § 29.21–4, 

Application procedures (now § 29.16, 

Right-of-way permit application, in this 

final rule), to clarify that the Service 

will not begin processing a right-of-way 

permit application until the agency has 

determined that the applicant has 

complied with application 

requirements. This provision was 

previously implied but not explicitly 

stated. The remainder of the section 

pertaining to application procedures 

follows what was previously included 

in the proposed rule with several 

revisions. 

The most significant revision to 

proposed § 29.21–4 (now § 29.16), 

which we made in response to a public 

comment, is the elimination of the 

requirement that applicants include an 

environmental analysis with every 

application submission. An 

environmental analysis can be a timeconsuming and expensive undertaking, 

and the Service agrees with a 

commenter that it is premature for an 

applicant to provide an environmental 

analysis suitable to satisfy NEPA 

requirements at the application 

submittal stage, and that the Service 

should first review other application 

documentation before requesting a 

detailed environmental analysis. 

We revised proposed § 29.21–4 (now 

§ 29.16) to substitute supplemental 

environmental information for the 

environmental analysis in the list of 

documents that applicants must include 

with their application submission. This 

supplemental environmental 

information may include, but is not 

limited to, the anticipated impacts of 

the proposed use on air and water 

quality; scenic and aesthetic features; 

historic, architectural, archeological, 

and cultural features; and wildlife, fish, 

and marine life, including habitat 

connectivity and migratory routes. 

Related to these changes, we revised 

proposed § 29.21–4 (now § 29.16) to 

require that applications include a 

description of proposed access routes 

and means of access for right-of-way 

construction and maintenance, and that 

the application’s included maps identify 

proposed access points and routes 

(including uses of existing roads). This 

is information that would have 

otherwise been described in an 

environmental analysis, which, as 

explained above, the Service is no 

longer requiring as part of every rightof-way application submission. 

We revised proposed § 29.21–4 (now 

§ 29.16) to clarify that the preliminary 

site and facility construction plans 

listed on the SF–299 are required with 

application submission. Proposed 

§ 29.21–4 identified preliminary site 

and facility construction plans as a postapplication submission requirement, 

even though preliminary site and 

facility construction plans are a 

requirement of the SF–299, which is 

required with right-of-way application 

submission. 

Finally, we revised proposed § 29.21– 

4 (now § 29.16) to indicate that an 

applicant may be required to provide 

proof of general liability insurance 

before the Service will issue a right-ofway permit. In the proposed rule, 

§ 29.21–8(e) (now § 29.20(e)) stated that 

the Service may require a permit holder 

to maintain general liability insurance 

during the term of the permit, and, for 

transparency purposes, we copied this 

requirement to § 29.16(d)(4). 

In this final rule, we have added a 

new section, § 29.15, General 

application procedures, summarizing 

steps an applicant must follow to 

request a right-of-way permit. These 

steps are described in more detail in 

other sections of the proposed rule and 

this final rule. This new section clarifies 

that the Service will deem a right-ofway application to be complete, and 

notify the applicant of such, after the 

Service has determined that the 


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information provided with an 

application is sufficient for the agency 

to make a compatibility determination 

and comply with NEPA. The section 

also states that the Service will notify 

the applicant if additional information 

is required for a complete application. 

These clarifications on application 

completeness are necessary given that 

the Service requires an environmental 

analysis to process many applications 

but is eliminating the proposed § 29.21– 

4 requirement that an environmental 

analysis be included with every 

application submission, to avoid 

situations where an applicant incurs an 

unnecessary expense to provide 

information the Service does not 

require. 

In response to public comments, we 

revised proposed § 29.21–5 (now 

§ 29.17) to be more flexible about the 

type of right-of-way location 

information the Service requires from an 

applicant before the agency may issue a 

right-of-way permit. The new paragraph 

under § 29.17(c) authorizes a licensed 

Service land surveyor to waive the 

requirement of a survey plat for a 

proposed right-of-way in a remote 

location if they determine that the GPS 

coordinates and supporting location 

information submitted by the applicant 

for inclusion in the right-of-way permit 

are adequate to locate the proposed 

right-of-way with minimal risk to the 

United States. 

We revised proposed § 29.21–6 (now 

§ 29.18) to clarify that the Service’s 

required upfront payments for 

application processing will not include 

the cost of preparing environmental 

review documents to satisfy NEPA 

requirements when the applicant will 

pay for that work. 

We revised proposed § 29.21–8(c)(4), 

under Terms and conditions required 

for all permit holders, to clarify that 

collocation of wireless facilities is 

allowed but requires that each 

collocating entity obtain a right-of-way 

permit. This revision corrects the 

contradictory language in proposed 

§ 29.21–8(c)(4) that some may have 

interpreted as prohibiting collocation of 

wireless communications equipment, 

which the Service supports where 

possible and compatible with refuge 

purposes. The revised language appears 

in § 29.20(c)(4) in this final rule. 

Although already common practice 

within the Service, we revised proposed 

§ 29.21–8(d)(1), under Terms and 

conditions required of most permit 

holders (now at § 29.20(d)(1) in this 

final rule), to explicitly require that 

right-of-way permits issued by the 

Service include language ensuring that 

Service-managed public lands remain 

accessible to the public when access 

does not pose a threat to public safety 

or the environment. 

We revised proposed § 29.21–8(g) 

(now at § 29.20(g) in this final rule) to 

clarify that requirements for 

communications facilities, including 

complying with the applicable Federal 

rules and procedures for 

telecommunications sites, apply to 

entities that operate or maintain 

wireless communications equipment 

and are not applicable to owners of 

towers and support infrastructure who 

do not operate or maintain wireless 

communications equipment. This 

revision corrects the prior language at 

proposed § 29.21–8(g) that would have 

made owners of towers and support 

infrastructure responsible for ensuring 

collocated entities that operate or 

maintain wireless communications 

equipment meet regulatory 

requirements. 

As indicated above, the Service 

requires that a company have a right-ofway permit to operate and maintain 

wireless telecommunications equipment 

on Service-managed land. In the 

situation where one company has a 

permitted tower or support 

infrastructure, and a second company 

will add their antennas and/or 

microwave dishes to the first company’s 

tower or support infrastructure, and the 

second company will operate and 

maintain their equipment and be 

responsible for compliance with Federal 

rules and procedures, then the Service 

requires that the second company obtain 

a right-of-way permit and include with 

their right-of-way application proof of 

permission to collocate with the first 

company. Maps and the legal 

description for collocated use would 

match that of the permitted tower or 

infrastructure; however, the company 

seeking to install and operate the 

wireless communications equipment 

would identify their own operation and 

maintenance needs in their application. 

If collocating with another provider, the 

environmental analysis for the proposed 

additional use of an existing permitted 

tower or support infrastructure must 

address the cumulative impact of 

multiple collocated providers if that 

analysis was not performed as part of 

the permitting for the tower or support 

infrastructure. 

In response to requests from the State 

of Alaska, we made minor clarifying 

edits to the preamble and the 

regulations in the sections referencing 

Alaska. 

We revised a definition for a term we 

had proposed, Regional Director, and 

the proposed provisions for another 

term, National Wildlife Refuge System 

lands—less than fee interest. We also 

replaced the term right-of-way with 

right-of-way permit and revised its 

definition. 

• We revised the definition of 

Regional Director in proposed § 29.21 

(§ 29.10 in this final rule) to eliminate 

the additional requirement that, when 

these regulations require the Regional 

Director’s signature or written approval 

for a right-of-way, only the Regional 

Director or the person acting in the 

Regional Director’s official capacity may 

sign. This change makes the definition 

of the term consistent with definitions 

found elsewhere in title 50 CFR and 

provides flexibility to allow a delegated 

representative of the Regional Director 

to sign. The Service will address 

delegations and signature requirements 

through the Service Manual rather than 

through this rulemaking action. 

• We revised the provisions for 

National Wildlife Refuge System 

lands—less than fee interest in 

proposed § 29.21–1(d) (now at § 29.11(d) 

in this final rule) to clarify that, when 

the Service determines that a right-ofway will not affect a legal interest of the 

United States, a Regional Director will 

sign a letter to the applicant stating that 

the proposed right-of-way will not affect 

the interest of the United States and the 

Service has no objection to the fee 

owner allowing the right-of-way. The 

language in the proposed rule 

improperly stated that the Regional 

Director would send such a letter to an 

applicant when the Service determines 

that a right-of-way will not adversely 

affect a legal interest of the United 

States. In a situation where a proposed 

long-term use will affect a legal interest 

of the United States, regardless of how 

it impacts Service-managed lands, a 

right-of-way permit is required. 

• We replaced the term right-of-way 

in proposed § 29.21 (§ 29.10 in this final 

rule) with the term right-of way-permit 

to be clearer and more specific about 

what may be authorized and to more 

closely align our definition with that of 

the National Park Service. The term 

‘‘right-of way-permit’’ means a 

discretionary and revocable permit, 

issued by the Service to authorize the 

use of lands or waters within Refuge 

System units for the construction, 

operation, and maintenance of 

infrastructure. 

We added several new definitions to 

better align our terminology with 

terminology being adopted by the 

National Park Service in their 

regulations. 

• We add the term Applicant to mean 

an entity that has submitted an 

application for a right-of-way permit. 


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• We add the term Permit holder to 

mean an entity that holds a current, 

fully executed right-of-way permit. 

• We add the term Permitted area to 

mean the area of land or water mapped, 

described, and authorized for use, 

including construction, operation, 

maintenance, as well as routes and 

means of access, in a right-of-way 

permit issued by the U.S. Fish and 

Wildlife Service. 

We revise § 29.22, now § 29.26, 

Hearing and appeals procedures, to 

clarify how the Service handles appeals 

for rejections of new rights-of-way, 

renewals of previously authorized 

rights-of-way, and terminations of 

authorized rights-of-way. The language 

in the current regulation states that an 

appeal may be taken from any final 

disposition of the Regional Director to 

the Director of the U.S. Fish and 

Wildlife Service, and, except in the case 

of a denial of a right-of-way application, 

from the latter’s decision to the 

Secretary of the Interior. Because this 

language has caused confusion, we are 

revising the language in this section 

consistent with its meaning. 

In this final rule, we clarify that 

denials of new requested rights-of-way, 

when the denial is based on a Service’s 

determination that the proposed use is 

not compatible, may be appealed to the 

Regional Director and subsequently to 

the Director, but no further. In this 

respect, denials of requested rights-ofway are different than denials for all 

other proposed uses of Refuge System 

lands, which, in accordance with 50 

CFR 25.45, cannot be appealed beyond 

the Regional Director. Service 

termination of an existing authorized 

right-of-way may be further appealed to 

the Secretary. We also clarify that a 

party with standing may appeal the 

Service’s decision to issue a requested 

right-of-way to the Secretary. These 

revisions do not establish new policy or 

procedure but instead rephrase the 

existing language to make it more clear. 

Finally, in this final rule, we add a 

section on severability in § 29.27. The 

Service intends the regulations in this 

rule to be severable. If any portion of 

this final rule were to be stayed or 

invalidated by a reviewing court, the 

remaining elements would continue to 

provide the Service with important and 

independently effective tools relating to 

the administration of its right-of-way 

permitting program. Hence, if a court 

prevents any provision of this rule from 

taking effect, that action should not 

affect the other regulations in the 

subpart. The remaining provisions 

would remain in force because they 

could still operate sensibly. 

For convenience in comparing the 

organization of the regulations at 50 

CFR part 29, subpart B, Rights-of-Way 

General Regulations, with the revised 

regulations in that subpart as of the 

effective date of this final rule, table 1 

displays the previous and new section 

designations. 

TABLE 1—PRIOR AND NEW SECTIONS IN 50 CFR PART 29, SUBPART B 

Previous sections New sections 

§ 29.21 What do these terms mean? ...................................................................... § 29.10 Definitions. 

§ 29.21–1 Purpose and scope ................................................................................ § 29.11 Purpose and scope. 

§ 29.21–2 Application procedures ........................................................................... § 29.12 Preexisting uses. 

§ 29.21–3 Nature of interest granted ...................................................................... § 29.13 Compatibility-determination requirement. 

§ 29.21–4 Terms and conditions ............................................................................. § 29.14 Preapplication meeting. 

§ 29.21–5 Construction ........................................................................................... § 29.15 General application procedures. 

§ 29.21–6 Disposal, transfer or termination of interest ........................................... § 29.16 Right-of-way permit application. 

§ 29.21–7 What payment do we require for use and occupancy of national wildlife refuge lands? § 29.17 Survey plat and legal description. 

§ 29.21–8 Electric power transmission line rights-of-way ....................................... § 29.18 Reimbursement of costs. 

§ 29.21–9 Rights-of-way for pipelines for the transportation of oil, natural gas, 

synthetic liquid or gaseous fuels, or any refined product produced therefrom.

§ 29.19 Nature of interest granted. 

§ 29.20 Terms and conditions. 

§ 29.21 Construction. 

§ 29.22 Disposal, transfer, or termination of interest. 

§ 29.23 Required payment for use and occupancy of National Wildlife Refuge 

System land. 

§ 29.24 Electric power transmission line rights-of-way. 

§ 29.25 Rights-of-way for pipelines for the transportation of oil, natural gas, synthetic liquid, or gaseous fuels, or any refined product produced from these substances. 

§ 29.22 Hearing and appeals procedures ............................................................... § 29.26 Hearing and appeals procedures. 

§ 29.27 Severability. 

Required Determinations 

As stated above, before issuing a rightof-way permit, the Service must assess 

the effects of the proposed use, as 

required by NEPA, the ESA, and the 

NHPA as well as other applicable laws 

and Executive orders. In regard to 

NEPA, we believe that this rulemaking 

action qualifies for a categorical 

exclusion as described in 43 CFR 

46.210(i) for rulemaking actions that are 

primarily procedural in nature. As set 

forth in that regulation, under this rule, 

we will conduct NEPA analysis for 

individual permit applications. 

Regulatory Planning and Review— 

Executive Orders 12866, 13563, and 

14094 

Executive Order (E.O.) 14094 amends 

E.O. 12866 and reaffirms the principles 

of E.O. 12866 and E.O. 13563 and states 

that regulatory analysis should facilitate 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and are consistent 

with E.O. 12866 and E.O. 13563. 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. 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 

developed this rule in a manner 

consistent with these requirements. 

E.O. 12866, as reaffirmed by E.O. 

13563 and amended and reaffirmed by 

E.O. 14094, provides that the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB) will review all significant 

rules. OIRA determined that this final 

rule is not significant. 

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

et seq.) 

The Regulatory Flexibility Act (RFA) 

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


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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 Federal regulations 

do not unnecessarily or 

disproportionately burden small 

entities. Small entities include small 

businesses, small governmental 

jurisdictions, and small not-for-profit 

enterprises. 

The Service 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 (15 

U.S.C. 631 et seq.). However, the Service 

believes that the impact on the small 

entities is not significant, as the rule 

would impact a small number of small 

entities, and the Service does not 

believe that these effects would be 

economically significant. 

This final rule will benefit small 

businesses by streamlining Service 

regulations for permitting rights-of-way 

and thereby reduce the amount of time 

that the Service requires to issue many 

right-of-way permits. The rule 

implements a requirement for a 

preapplication meeting to provide small 

businesses with information upfront 

about the Service’s estimated time and 

cost to evaluate and process a right-ofway application, increasing regulatory 

certainty. Additionally, the rule 

eliminates the Service application fee 

previously required at § 29.21–2(a)(2) 

and provides the Service 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 rule would result in a 

significant economic impact on a 

substantial number of small entities. We 

certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Therefore, a regulatory flexibility 

analysis is not required. 

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 

rule will streamline and expedite 

Service processing of industry requests 

for rights-of-way and modifications to 

rights-of-way that cross Servicemanaged lands, but it will not 

significantly affect energy supplies, 

distribution, or use. Moreover, this rule 

is not a significant regulatory action as 

determined by OIRA, and the OIRA 

administrator has not designated this 

rule as a significant energy action. 

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.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501, et 

seq.), this rule will not significantly or 

uniquely affect small governments, and 

a small government agency plan is not 

required. Moreover, this rule will 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 

rule will not have significant takings 

implications as it applies only to 

Service 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 rule will 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 the Service 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 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 Service use of Common 

Form SF–299 and assigned OMB 

Control Number 0596–0249 (expires 01/ 

31/2027). You may view the information 

collection request(s) at https://

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 Secretary’s 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 rule has no impact on Tribal 

lands, as it applies only to Service 

permitting of rights-of-way across lands, 

and interests in land, owned by the 

United States. Consistent with 512 DM 

2 and Secretary’s Order 3206, we sought 

comments from Tribes, and addressed 

the comments we received from Tribes 

concerning permitting of rights-of-way 

across lands, and interests in land, 

owned by the United States and 

managed by the Service. 

List of Subjects in 50 CFR Part 29 

Public lands mineral resources, Public 

lands rights-of-way, Wildlife refuges. 

Regulation Promulgation 

For the reasons given in the preamble, 

we hereby 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 


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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. Revise and republish subpart B to 

read as follows: 

Subpart B—Rights-of-Way General 

Regulations 

Sec. 

29.10 Definitions. 

29.11 Purpose and scope. 

29.12 Preexisting uses. 

29.13 Compatibility-determination 

requirement. 

29.14 Preapplication meeting. 

29.15 General application procedures. 

29.16 Right-of-way permit application. 

29.17 Survey plat and legal description. 

29.18 Reimbursement of costs. 

29.19 Nature of interest granted. 

29.20 Terms and conditions. 

29.21 Construction. 

29.22 Disposal, transfer, or termination of 

interest. 

29.23 Required payment for use and 

occupancy of National Wildlife Refuge 

System land. 

29.24 Electric power transmission line 

rights-of-way. 

29.25 Rights-of-way for pipelines for the 

transportation of oil, natural gas, 

synthetic liquid, or gaseous fuels, or any 

refined product produced from these 

substances. 

29.26 Hearing and appeals procedures. 

29.27 Severability. 

§ 29.10 Definitions. 

In this subpart, the following terms 

will have the meanings set forth in this 

section. 

ANILCA means the Alaska National 

Interest Lands Conservation Act (16 

U.S.C. 3101 et seq.). 

Applicant means an entity that has 

submitted an application for a right-ofway permit. 

Compatible use means a proposed or 

existing wildlife-dependent recreational 

use or any other use of a national 

wildlife refuge that, based on sound 

professional judgment, will not 

materially interfere with or detract from 

the fulfillment of the National Wildlife 

Refuge System mission or the purposes 

of the national wildlife refuge. The term 

‘‘inconsistent’’ in section 28(b)(1) of the 

Mineral Leasing Act of 1920 (30 U.S.C. 

185) means a use that is not compatible. 

Department means the U.S. 

Department of the Interior unless 

otherwise specified. 

National Fish Hatchery System land 

means lands and waters, and interests 

therein, administered by the Secretary 

to propagate and distribute fish and 

other aquatic animal life and managed 

for the protection of all species of 

wildlife. 

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. 

Other lands mean all other lands, or 

interests therein, and waters 

administered by the Secretary through 

the U.S. Fish and Wildlife Service that 

are not included in the National 

Wildlife Refuge System or the National 

Fish Hatchery System, e.g., 

administrative sites. 

Permit holder means an entity that 

holds a current, fully executed right-ofway permit. 

Permitted area means the area of land 

or water mapped, described, and 

authorized for use, including 

construction, operation, maintenance, as 

well as routes and means of access, in 

a right-of-way permit issued by the U.S. 

Fish and Wildlife Service. 

Regional Director means the official in 

charge of a region of the U.S. Fish and 

Wildlife Service or an authorized 

representative of the Regional Director. 

Right-of-way permit means a 

discretionary and revocable permit 

issued by the U.S. Fish and Wildlife 

Service to authorize a use on, under, or 

over Federal lands, excluding uses that 

are included in a contract for services to 

a Service facility and excluding uses 

requested by the Service to benefit the 

mission of the National Wildlife Refuge 

System or the National Fish Hatchery 

System. A right-of-way permit does not 

grant, convey, or imply transfer of title 

to any interest in, including a leasehold 

or easement interest in, the lands or 

waters authorized for use. 

§ 29.11 Purpose and scope. 

The regulations in this subpart 

prescribe the procedures for filing 

applications and the terms and 

conditions under which rights-of-way 

over and across the lands administered 

by the U.S. Fish and Wildlife Service 

may be permitted. 

(a) National Wildlife Refuge System 

lands except lands in Alaska. 

Applications are submitted under 

authority of Public Law 89–669, as 

amended (80 Stat. 926; 16 U.S.C. 

668dd), 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 the application 

procedures set out in § 29.15. The 

Service will not issue a right-of-way 

permit for a requested use that would 

conflict with the goals or objectives in 

an approved refuge management plan, 

nor will the Service issue a right-of-way 

permit unless the use is a compatible 

use as described in § 29.13. See § 29.24 

for additional requirements applicable 

to rights-of-way for electric power 

transmission lines and § 29.25 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 from these 

substances. 

(b) National Wildlife Refuge System 

lands in Alaska. Applications for rightsof-way authorized under ANILCA (see 

16 U.S.C. 3162(B)) must be submitted 

under authority of 16 U.S.C. 3101 et seq. 

and follow the procedures and 

requirements set forth in 43 CFR part 36 

and other applicable Refuge laws and 

regulations where they do not conflict 

with ANILCA. Applications for all other 

rights-of-way on or over lands in Alaska 

must be submitted under authority of 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 the application procedures set 

out in § 29.15, except that compatibility 

determinations for Alaska Native Claims 

Settlement Act 22(g) lands shall follow 

the procedures in § 25.21(b)(1) of this 

chapter. 

(c) National Fish Hatchery System 

lands. Applications for rights-of-way 

across National Fish Hatchery System 

lands follow the same procedures as 

applications for rights-of-way across 

National Wildlife Refuge System lands 

in this section. 

(d) National Wildlife Refuge System 

lands—less than fee interest. The 

Service requires permits for rights-ofway that affect a property interest 

acquired by the United States. If the 

requested right-of-way or regular 

maintenance of the requested right-ofway may affect the United States’ 

interest, then an application for a rightof-way permit must be submitted in 

accordance with procedures set forth in 

§ 29.15, except those applications for 

rights-of-way authorized under ANILCA 

(see 16 U.S.C. 3162(B)) will follow the 

procedures set forth in 43 CFR part 36. 

If the Regional Director determines that 

the proposed right-of-way and regular 

maintenance of the proposed right-ofway will not affect the United States’ 

interest, then the Regional Director will 

sign a letter to the applicant stating that 

the proposed right-of-way will not affect 

the interest of the United States and the 

Service has no objection to the right-ofway. 

(e) Other lands outside the National 

Wildlife Refuge System and National 

Fish Hatchery System. Rights-of-way on 


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or over other lands will be permitted 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 

§ 29.24 for additional requirements 

applicable to rights-of-way for electric 

power transmission lines and § 29.25 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 from 

those substances. Applications must be 

submitted in accordance with 

procedures set out in § 29.15, except 

that the compatibility-determination 

requirement in § 29.13 does not apply to 

lands outside the National Wildlife 

Refuge System and National Fish 

Hatchery System. 

§ 29.12 Preexisting uses. 

The regulations in this subpart have 

no impact on permanent rights and 

rights-of-way in existence prior to 

acquisition by the United States, except 

those activities not explicitly authorized 

by a preexisting right-of-way, as well as 

activities that fall outside the footprint 

of such a right-of-way, are subject to 

§ 26.41 of this chapter and the 

procedures in this subpart. 

§ 29.13 Compatibility-determination 

requirement. 

The Service will not issue or renew a 

right-of-way permit across National 

Wildlife Refuge System land if the use 

would conflict with the goals or 

objectives in an approved refuge 

management plan. The Service will not 

issue or renew a right-of-way permit 

across National Wildlife Refuge System 

land unless the agency determines that 

the use is a compatible use in 

accordance with the requirements and 

procedures of § 25.21 of this chapter. 

The requirements and procedures of 

§ 26.41(c) of this chapter apply to any 

requested maintenance of or 

modifications to an existing right-of-way 

except as modified by any other 

prevailing provision of law. None of the 

requirements in this subpart apply to 

the access of privately owned minerals 

or to activities explicitly authorized by 

a permanent right or right-of-way 

obtained prior to acquisition by the 

United States, nor do they apply when 

access is required by any other 

prevailing provision of law. No 

compatibility determination is 

necessary to permit or renew a right-ofway across lands outside the National 

Wildlife Refuge System and National 

Fish Hatchery System. 

§ 29.14 Preapplication meeting. 

Before submitting an application for a 

new right-of-way permit or a 

modification of an existing right-of-way 

permit across lands managed by the 

Service, a potential applicant must 

contact the appropriate Regional 

Director to schedule a preapplication 

meeting with the Service. Contact 

information for the Service Regional 

Offices is available at https://

www.regulations.gov in Docket No. 

FWS–HQ–NWRS–2019–0017. There is 

no fee for the preapplication meeting. 

During the meeting, the potential 

applicant may ask questions about the 

application process, provide 

information about the scope of the 

requested right-of-way permit and its 

location, and receive feedback. The 

Service will advise the potential 

applicant about documentation needed 

to make an application complete and 

provide the potential applicant with an 

expected timeline and potential costs to 

review and process the application. 

§ 29.15 General application procedures. 

(a) Preapplication meeting. To request 

the preapplication meeting required by 

§ 29.14 for a new right-of-way or a 

modification of an existing right-of-way, 

contact the appropriate Service Regional 

Office, the geographic jurisdictions of 

which are listed at 50 CFR 2.2. Contact 

information for the Service Regional 

Offices is available at https://

www.regulations.gov in Docket No. 

FWS–HQ–NWRS–2019–0017. 

(b) Application submission. 

Applicants must submit an application 

that includes the completed form and 

required attachments as described in 

§ 29.16. The Service will deem a rightof-way application to be complete, and 

notify the applicant of such, after the 

Service has determined that the 

provided information is sufficient for 

the agency to make a compatibility 

determination and comply with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). The 

Service will also notify the applicant if 

additional information is required for a 

complete application. 

(c) Payment for cost recovery. After 

the Service has determined that an 

application is complete, the agency will 

notify the applicant and provide an 

updated estimate of application 

processing costs, as set forth at 

§ 29.18(a). The Service will review and 

process a right-of-way permit 

application after it has requested and 

received payment for these costs. 

(d) Providing additional information 

for permit. If the Service determines that 

the requested right-of-way is a 

compatible use, then the agency will 

request additional information from the 

applicant necessary to draft a right-ofway permit document for applicant 

review. This includes but is not limited 

to the survey plat or Global Positioning 

System (GPS) location information 

described in § 29.17. The applicant must 

provide this information in order for the 

Service to develop the permit. 

(e) No guarantee of right-of-way 

permit. Submitting a complete 

application and payment for application 

processing costs do not guarantee that 

the Service will issue or renew a rightof-way permit. Issuance or renewal of a 

right-of-way permit is contingent on a 

Service determination that the right-ofway is a compatible use. Permit 

issuance or renewal is also contingent 

on the applicant: 

(1) Providing the information the 

Service requires to develop the right-ofway permit; 

(2) Agreeing to the permit’s terms and 

conditions; and 

(3) Providing payment for use and 

occupancy of the land as well as for 

future right-of-way monitoring costs. 

§ 29.16 Right-of-way permit application. 

(a) Complete application requirement. 

The Service will not begin processing a 

right-of-way permit application until 

after the applicant has submitted a 

complete application with all required 

information. See paragraph (e) of this 

section for submission instructions. 

(b) Application form. To request a 

new right-of-way permit, modifications 

to an existing right-of-way permit, or 

renewal of an existing right-of-way 

permit, applicants must submit a 

complete Standard Form 299, 

Application for Transportation, Utility 

Systems, Telecommunications and 

Facilities on Federal Lands and Property 

(SF–299), or the applicable common 

form approved by the General Services 

Administration at the time of the 

application, including all materials 

required in the SF–299 and the 

regulations in this subpart. The SF–299 

must be signed by the applicant or 

applicant’s authorized representative. 

(c) Required application attachments. 

In addition to a completed and signed 

SF–299, an application for a right-ofway permit must include the 

attachments described in this section. 

(1) Map(s). The map(s) must show a 

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

project area in relation to the Service 

unit boundary. If the proposed right-ofway is within a Public Land Survey 

System area, the map(s) must show the 

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

within which the proposed right-of-way 


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would be located. The maps must 

identify: 

(i) The area proposed to be included 

in the right-of-way permit, including the 

placement of proposed infrastructure; 

and 

(ii) Proposed access points and routes 

(including uses of existing roads), and 

other areas associated with the 

requested right-of-way. 

(2) Preliminary site and facility 

construction plans. These plans, which 

are listed as an attachment to SF–299, 

are required for applications for rightsof-way or renewals of rights-of-way 

where construction is required. The 

plans must show all proposed 

construction work and include a list of 

equipment to be used in construction 

and a proposed construction timeline. 

(3) Proposed access. The application 

must include a description of proposed 

access routes and means of access for 

construction and maintenance of the 

requested right-of-way. 

(4) Supplemental environmental 

information. In addition to the basic 

environmental information on the SF– 

299, the applicant must provide 

supplemental information on the 

environmental impact of the proposed 

right-of-way that is suitable for the 

Service to determine whether the 

proposed use is compatible with the 

mission of the Refuge System and the 

purpose(s) of the refuge. This 

supplemental information may include, 

but is not limited to, anticipated 

impacts of the proposed use on air and 

water quality; scenic and aesthetic 

features; historic, architectural, 

archeological, and cultural features; and 

wildlife, fish, and marine life, including 

habitat connectivity and migratory 

routes. The supplemental information 

also may describe proposed design 

measures that will minimize or avoid 

resource impacts. The Service will 

review the provided supplemental 

environmental information to determine 

what additional information, if any, the 

agency requires from the applicant to 

determine whether the proposed use is 

compatible with the mission of the 

Refuge System and the purpose(s) of the 

refuge. 

(d) Other required documents. During 

the preapplication meeting or in a 

subsequent communication, the Service 

will inform the applicant when the 

agency requires the following 

information and other information to 

prepare a right-of-way permit, which the 

applicant must provide before the 

Service may issue a right-of-way permit. 

(1) Survey plat and legal description. 

See § 29.17 for requirements. 

(2) Detailed environmental analysis. 

To comply with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an environmental 

assessment or environmental impact 

statement must be prepared in 

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

National Environmental Policy Act and 

comply with the 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.). The environmental 

assessment or environmental impact 

statement may be prepared by the 

Service, another Federal agency, the 

applicant, or the applicant’s contractor; 

however, in all cases, this 

documentation must be prepared in 

consultation with the Regional Director. 

(i) If the environmental assessment or 

environmental impact statement will be 

prepared by the Service or another 

Federal agency, rather than the 

applicant or the applicant’s contractor, 

the applicant must provide sufficient 

data to enable the Service or the other 

agency to satisfy the requirements in 

this paragraph (d)(2) and reimburse the 

Service for its costs as described in 

§ 29.18. 

(ii) For renewals of existing rights-ofway permitted that involve no changes 

to the permitted use, the environmental 

analysis need address only the impacts, 

including the cumulative effects, of the 

ongoing operation and maintenance of 

the right-of-way. The environmental 

analysis must also address any statutory 

requirements not in place when the 

original permit was issued and therefore 

not previously considered. 

(3) Proposed vegetation management 

plan. A proposed vegetation 

management plan is required for a 

requested right-of-way permit or permit 

renewal where there will be disturbance 

of vegetation resulting from the 

construction, operation, or maintenance 

of the right-of-way. The plan must be 

prepared in consultation with the 

Regional Director’s designee and must 

describe: 

(i) Vegetation clearing that may occur 

as part of structural construction, 

maintenance, and removal. 

(ii) Routine vegetation management 

that may occur, including a description 

of all physical and mechanical methods 

that will be used, how equipment will 

be cleaned before and after entry to the 

right-of-way, and how the spread of 

nonnative species by equipment and 

activities will be minimized. 

(iii) Any pesticides, herbicides, or 

other chemicals proposed for use, as 

well as the actions the applicant will 

take to minimize the adverse impacts of 

pesticides, herbicides, and other 

chemicals on native species including 

pollinators present in or adjacent to the 

right-of-way. 

(iv) Any revegetation and restoration 

activities, including how the applicant 

will incorporate regionally appropriate 

native seeds and plants, particularly 

those that provide breeding, feeding, 

and sheltering habitat for native species 

present in the area, including but not 

limited to native pollinators. 

(4) Financial assurance and liability 

insurance. As appropriate to the 

proposed right-of-way, the Service may 

require proof of acceptable financial 

assurance and liability insurance. 

(e) Submission instructions. 

Applicants may submit applications for 

rights-of-way through electronic filing 

or certified mail. 

(1) Electronic filing. Applications 

submitted through electronic filing (Efile) must include a digital copy of the 

SF–299, the map(s), the preliminary site 

and facility construction plans, and the 

supplemental environmental 

information, as well as any other 

attachments that the Regional Director 

requires for application processing. The 

Service may provide additional 

instructions at the preapplication 

meeting. 

(2) Certified mail. Application 

submissions through certified mail must 

include one printed copy of the SF–299, 

the map(s), the preliminary site and 

facility construction plans, and the 

supplemental environmental 

information, as well as any other 

attachments that the Regional Director 

requires for application processing. 

Applicants must send all documents by 

certified mail to the Regional Director 

for the region where the proposed rightof-way is located. Addresses for the 

Service Regional Offices are provided at 

50 CFR 2.2. Mailing envelopes should 

be clearly marked ‘‘Attn: NWRS Realty 

Right-of-Way Permit Processing.’’ 

§ 29.17 Survey plat and legal description. 

(a) Before the Service will issue or 

renew a right-of-way permit, the 

applicant must provide a final survey 

plat and legal description that shows 

and describes the right-of-way in such 

detail that the Service can accurately 

locate the right-of-way on the ground. 

(b) Survey plats and legal descriptions 

of the right-of-way area must be 

stamped and signed by a licensed 

professional land surveyor or other 

professional licensed or authorized by 

the State to carry out land-surveying 

activities. 


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(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 the right-ofway would affect, or from which those 

boundaries are calculated. In cases such 

as road construction that involve 

allowing 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 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 rightof-way plan sets prepared for highway 

and utility projects, are acceptable if 

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 document prepared in Adobe 

Acrobat or similar process. 

(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.’’ 

(c) A licensed Service land surveyor 

may waive the requirement of a survey 

plat for a proposed right-of-way in a 

remote location if they determine that 

the GPS coordinates and supporting 

location information submitted by the 

applicant for inclusion in the right-ofway permit are adequate to locate the 

proposed right-of-way with minimal 

risk to the United States. 

§ 29.18 Reimbursement of costs. 

(a) Application evaluation and 

processing activities. (1) Unless 

reimbursement is waived as provided 

under paragraph (c) of this section, the 

applicant for a right-of-way permit must 

reimburse the United States for the costs 

the Service incurs in evaluating and 

processing the application, even if the 

result of this evaluation is a denial of 

the application. 

(i) These costs may include, but are 

not limited to, the Service’s costs to 

review the application and related 

materials, conduct surveys of the 

proposed permit area, prepare a 

compatibility determination, obtain an 

appraisal, draft correspondence, and 

draft the permit. 

(ii) If the applicant or the applicant’s 

contractor will prepare the 

environmental assessment or 

environmental impact statement 

necessary to comply with the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and other applicable laws, 

then the Service shall require no 

reimbursement for National 

Environmental Policy Act compliance 

with exception to the costs the Service 

incurs to ensure that the materials meet 

agency requirements. 

(2) If requested by the applicant 

during or after the required 

preapplication meeting, the Regional 

Director will provide the applicant a 

preliminary estimate of the Service’s 

application evaluation and processing 

costs using the information provided by 

the applicant during or after the 

preapplication meeting. 

(3) After receiving a complete 

application, the Regional Director will 

estimate the Service’s application 

evaluation and processing costs using 

the information the applicant provided 

in the application and during or after 

the preapplication meeting. 

(4) Unless reimbursement is waived 

as provided under paragraph (c) of this 

section, 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 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. 

The Regional Director will refund any 

overpayments at the request of the 

applicant. 

(b) Monitoring activities. (1) By 

accepting a permit under this subpart, 

the permit holder agrees to reimburse 

the Service for the costs incurred for all 

monitoring activities, which include 

monitoring the construction, operation, 

maintenance, and termination of 

facilities, to ensure compliance with the 

terms, conditions, and stipulations of 

the right-of-way permit. 

(2) The Regional Director will 

estimate the total costs the Service 

expects to incur for monitoring 

activities over the permit term using the 

information the applicant provided in 

the application and during or after the 

preapplication meeting. 

(3) At the discretion of the Regional 

Director, the Service may require 

reimbursement for its estimated 

monitoring costs in a lump-sum 

payment before the Service issues a 

right-of-way permit, or at periodic 

intervals, not to exceed 5 years, 

specified in the permit. 

(4) When reimbursement for costs for 

monitoring activities is required at 

periodic intervals specified in the 

permit, the Regional Director will 

review the amount of reimbursement 

not more than every 5 years after the 

issuance of the permit. The Regional 

Director will provide the permit holder 

with written notice of intent to impose 

new charges to reflect current 

monitoring costs commencing with the 

ensuing charge year. The revised 

charges will be effective unless the 

permit holder files an appeal in 

accordance with § 29.26. 

(c) Waiver of reimbursement for 

Service costs. (1) 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 related instrumentalities; 

(ii) Federal Government agencies; or 

(iii) Private individuals or 

organizations when the proposed rightof-way contributes to the Service’s 

operation or maintenance of the refuge 


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or fish hatchery as certified in writing 

by the Regional Director. 

(2) Additionally, the Regional Director 

has the discretion to waive 

reimbursement for Service costs for 

right-of-way application evaluation and 

processing activities and monitoring 

activities so long as there are 

appropriated funds for these activities. 

(3) When reimbursement for Service 

costs for monitoring activities is waived 

during the permit term, the permit will 

contain a statement to that effect. 

(4) Reimbursement of costs is required 

and cannot be waived for any right-ofway permit issued under section 28 of 

the Mineral Leasing Act of 1920, as 

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

(d) Service use of payments received 

for reimbursement of costs. Payments 

received by the Service to reimburse the 

United States for the costs incurred in 

evaluating and processing applications, 

and for monitoring, will be deposited 

into the United States Treasury until 

such time that any provision of law 

allows these payments to supplement 

the Service’s appropriation. 

§ 29.19 Nature of interest granted. 

(a) Where the land administered by 

the Service is owned in fee by the 

United States and the right-of-way is 

compatible with the objectives of the 

area, the Service may issue a permit 

after it is approved in writing by the 

Regional Director. 

(b) For rights-of-way permitted 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 from these 

substances: 

(1) The permit term may not exceed 

30 years. 

(2) 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 in writing the reasons for the 

finding based on the analysis in a 

compatibility determination, that a 

wider right-of-way is necessary for 

operation and maintenance after 

construction and 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, and terminals. 

(c) For rights-of-way other than those 

referred to in paragraph (b) of this 

section, the permit term may be up to 

50 years when the Regional Director 

deems it appropriate, or a lesser term. 

(d) The Service may issue a temporary 

permit supplementing a right-of-way for 

additional land needed during 

construction, operation, maintenance, or 

termination of the pipeline, or to protect 

the natural environment or public 

safety. 

(e) Unless otherwise provided, no 

interest granted shall give the grantee 

any right whatsoever to remove any 

material, earth, or stone for construction 

or other purpose, except that stone or 

earth necessarily removed from the 

right-of-way in the construction of a 

project may be used elsewhere along the 

same right-of-way in the construction of 

the same project. 

§ 29.20 Terms and conditions. 

(a) Prior rights. Any right-of-way 

permit issued will be subject to rights 

reserved, if any, by a prior owner, and 

rights held, if any, by a third party. 

(b) Agreement of terms and 

conditions. An applicant, by accepting a 

permit, agrees to such terms and 

conditions as may be prescribed by the 

Regional Director, including special 

stipulations required to ensure the 

permitted use is compatible with the 

mission of the Refuge System and the 

purpose(s) of the refuge. (See § 29.24 for 

specific requirements for electric 

powerlines and § 29.25 for specific 

requirements for oil and gas pipelines.) 

(c) Terms and conditions required for 

all permit holders. In addition to any 

terms and conditions prescribed by the 

Regional Director, the permit holder 

must agree to all of the following terms 

and conditions: 

(1) The permit is for the specific use 

described and may not be construed to 

authorize any other use within the 

permit area unless approved in writing 

by the Regional Director upon 

determination by the Service project 

manager that the additional use is a 

compatible use. 

(2) The permit may be amended only 

by a written instrument signed and 

executed by the Regional Director and 

the permit holder. 

(3) The permit holder may not transfer 

or assign the permit to another party 

without obtaining the Regional 

Director’s prior written approval. 

(4) The permit holder may not allow 

another party to collocate equipment or 

activities on their infrastructure or rightof-way unless the other party first 

obtains a right-of-way permit from the 

Service. Any entity that wants to 

collocate equipment or activities must 

apply for its own Service right-of-way 

permit by following the procedures set 

forth in § 29.15. 

(5) The permit holder is responsible 

for ensuring that its officers, employees, 

representatives, agents, contractors, and 

subcontractors are familiar with the 

permit and comply with its terms and 

conditions. 

(6) The permit holder must provide 

the Service project manager with 

current contact information (company 

address, points of contact, telephone 

numbers, email addresses, etc.) for both 

routine and emergency 

communications, and, in the case of 

corporations, of the address of its 

principal place of business and the 

names and addresses of its principal 

officers. 

(7) Authorized representatives of the 

United States have the right to enter and 

inspect the permitted area at any time 

without providing prior notice to the 

permit holder. 

(8) The Regional Director may 

suspend or terminate all or any portion 

of the issued permit for failure of the 

permit holder 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 permit holder to use the 

permit, for any continuous 2-year 

period, for the purpose for which the 

permit was issued or renewed. In the 

event of noncompliance or 

abandonment, the Regional Director will 

notify the permit holder in writing of 

any intention to suspend or terminate 

the permit 60 days from the date of the 

notice and state the reasons, unless 

prior to that time the holder completes 

such corrective actions as are specified 

in the notice. The Regional Director may 

allow an extension of time within which 

to complete corrective actions if the 

Regional Director believes that 

extenuating circumstances, not within 

the permit holder’s control, such as 

adverse weather conditions, disturbance 

to wildlife during breeding periods or 

periods of peak concentration, or other 

compelling reasons, warrant an 

extension. 

(ii) Should the holder of a right-ofway permit 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 permit 

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 is 

required in cases in which the permit 

terminates under its terms. 


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(9) The permit holder must prevent 

the disturbance or removal of any public 

land survey monument or project 

boundary monument unless and until 

the permit holder has requested and 

received from the Regional Director 

written approval of measures that the 

permit holder will take to perpetuate the 

location of the monument. 

(10) The permit holder must conduct 

operations, including by setting their 

time and location, in a manner that 

avoids or minimizes impacts to fish and 

wildlife or their habitats, including, but 

not limited to, impacts caused by 

exposure to physical and chemical 

hazards, disruption of hydrologic 

processes, lighting and visual 

disturbance, and duration and 

frequency of noise. 

(11) The permit holder must comply 

with State and Federal laws and 

regulations that are applicable to the 

project within which the permit is 

issued and to the lands that are 

included in the right-of-way. 

(i) The permit holder must comply 

with the Archaeological Resources 

Protection Act (16 U.S.C. 470aa et seq.). 

The disturbance of archaeological or 

historical sites and the removal of 

artifacts from Federal land are 

prohibited. 

(ii) The permit holder must 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.). 

(iii) The permit holder must 

immediately suspend all activities and 

notify the Service project manager upon 

the discovery of any threatened or 

endangered species or archeological, 

paleontological, or historical resources 

within or near the permitted area. All 

natural and cultural resources 

discovered in the permitted area are the 

property of the United States. 

(12) The permit holder must clear and 

keep clear the lands within the permit 

area to the extent and in the manner 

directed by the Service 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 so as to 

decrease the fire hazard and also in 

accordance with any instructions that 

the Service project manager specifies. 

(13) The permit holder must do 

everything reasonably within the permit 

holder’s power, both independently and 

on request of any duly authorized 

representative of the United States, to 

prevent and suppress fires on or near 

the permitted area, including making 

available such construction and 

maintenance resources that are 

reasonably obtainable for the 

suppression of such fires. 

(14) After the expiration or 

termination of the permit, the permit 

holder must remove all facilities and 

equipment from the permitted area and 

restore the permitted area to its prepermit condition as directed and 

approved by the Service project 

manager. Any facilities or equipment 

not removed within 6 months, unless 

more time is deemed necessary for 

conservation purposes by the Regional 

Director, will be deemed abandoned and 

will be disposed of in accordance with 

applicable Federal law. In that event, 

the permit holder will be liable to the 

Service for all of its costs in disposing 

of the facilities or equipment and 

restoring the permitted area. 

(15) In accordance with applicable 

Federal law, in the construction, 

operation, and maintenance of the 

project, the permit holder will 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. 

(16) The permit holder must pay the 

United States the full value for all 

damages to the lands or other property 

of the United States caused by the 

permit holder or that person’s 

employees, contractors, or agents of the 

contractors. 

(i) In cases in which the permit is 

issued to a State or other governmental 

agency that has no legal power to 

assume such a liability with respect to 

damages caused to lands or property, 

that agency will repair all such 

damages. 

(ii) In cases in which the permit 

involves lands that are under the 

exclusive jurisdiction of the United 

States, the permit holder or his or her 

employees, contractors, or agents of the 

contractors will be liable to third parties 

for injuries incurred in connection with 

the permit area. 

(17) The permit holder will indemnify 

and hold harmless the United States and 

its officers, employees, agents, and 

representatives from and against all 

liability of any sort whatsoever arising 

out of the permit holder’s activities 

under the permit. This agreement to 

indemnify and hold harmless from and 

against all liability includes liability 

under Federal or State environmental 

laws, including but not limited to the 

Comprehensive Environmental 

Response, Compensation, and 

Restoration Act, as amended (42 U.S.C. 

chapter 103); the Resource Conservation 

and Recovery Act, as amended (42 

U.S.C. 6901 et seq.); and what is 

commonly known as the Clean Water 

Act, as amended (33 U.S.C 1251–1387). 

This agreement to indemnify and hold 

harmless will survive the permit’s 

termination or expiration. 

(18) 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 purpose(s) of 

the refuge. Required permit 

modifications could include but are not 

limited to changes to permit conditions 

and/or additional stipulations that a 

Regional Director deems necessary 

based on new information. 

(d) Terms and conditions required of 

most permit holders. The permit holder 

must also agree to the following terms 

and conditions, which are required 

unless the Regional Director determines 

they are not relevant to the proposed 

use: 

(1) The permit holder may not restrict 

public access to any portion of the 

permitted area unless the Service 

project manager concurs in writing that 

making the area accessible to the public 

would pose a threat to public safety or 

the environment. 

(2) The permit holder must notify the 

Service project manager in writing at 

least 5 business days before conducting 

any maintenance or nonemergency 

repair work within the permitted area. 

The written notice must describe the 

location of the proposed work, the 

equipment to be used, and the size of 

work crews anticipated to be working 

on Service land. The Service project 

manager may require an onsite meeting 

before any maintenance or 

nonemergency repair work commences 

and may assign a site monitor to be 

present during such work. Except in 

emergencies, all work in the permitted 

area must be conducted during normal 

business hours. To respond to an 

emergency, the permit holder may enter 

the permitted area at other times to 

conduct repair work after calling the 

Service project manager. 

(3) The permit holder must erect and 

maintain appropriate warning signs, 

barricades, or other warning devices 

during all periods when the permit 

holder is using the permitted area, 

including periods of maintenance or 

repair. 

(4) The permit holder must rebuild 

and repair such roads, fences, 

structures, and trails as may be 


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destroyed or injured by construction 

work. 

(5) Notwithstanding the issuance of 

the permit, the Service may establish 

trails, roads, or other improvements 

across, over, on, or through the 

permitted area for use by the Service, by 

visitors, or by others. 

(6) Upon request by the Regional 

Director, the permit holder must build 

and maintain necessary and suitable 

crossings for all roads and trails that 

intersect the works constructed, 

maintained, or operated under the rightof-way. 

(7) The permit holder must take any 

soil and resource conservation and 

protection measures, including weed 

control, on the land covered by the 

permit that the Service project manager 

in charge requests. 

(8) The permit holder must provide 

for habitat connectivity on the land 

covered by the permit to the maximum 

extent possible, for example through use 

of wildlife-friendly fencing, perches or 

perch deterrents for birds, fish-passable 

culverts, vegetative screening or hiding 

cover, that the Service project manager 

in charge requests. 

(9) The permit holder must promptly 

notify the Service 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 that 

the project manager determines to be the 

full stumpage value of the timber to be 

cut, removed, or destroyed. 

(10) Issuance of the permit is subject 

to the express condition that the 

exercise of the permit will not unduly 

interfere with the management, 

administration, or disposal by the 

United States of the land to be affected. 

The permit holder agrees and consents 

to the occupancy and use by the United 

States, or its grantees, permittees, or 

lessees, of any part of the permit area 

not actually occupied for the purpose of 

the permitted rights to the extent that 

the use does not unreasonably interfere 

with the permit holder’s use of the 

permitted area. 

(11) Any facility constructed on the 

permit area will be modified or adapted, 

if modification is found by the Regional 

Director to be necessary, without 

liability or expense to the United States, 

so that the facility will not conflict with 

the use and occupancy of the land for 

any authorized works that may be 

constructed on the land under the 

authority of the United States. The 

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 for Service facilities. 

(e) General liability insurance. The 

Service may require the permit holder to 

procure and maintain in force and effect 

during the term of the permit 

commercial general liability insurance 

to protect against claims arising out of 

the acts or omissions of the permit 

holder or its officers, employees, agents, 

or representatives while conducting the 

activities authorized by the permit. The 

insurance policy must also provide 

coverage for discharges or escapes of 

pollutants or contaminants into the 

environment, including sudden or 

accidental discharges or escapes. The 

Regional Director will determine the 

minimum amount of coverage per 

occurrence and in the aggregate. The 

policy must be issued by a company 

duly licensed to do business in the State 

where the project is located and must 

name the United States of America as an 

additional insured. Before the Regional 

Director executes the permit, the 

applicant must provide the Service with 

a copy of its certificate of insurance 

showing the required coverage. 

(f) Bonds. The Service may require a 

bond for a permit when the Regional 

Director determines that the Service is 

likely to incur reclamation costs during 

or after the term of the right-of-way due 

to the construction, operation, or 

maintenance of the right-of-way. The 

Service also may require a bond for a 

permit when the Service is likely to 

incur reclamation costs if the right-ofway is abandoned or terminated. 

(1) No bond will be required of a 

Federal, State, or local government or its 

agent or instrumentality, except those 

that are: 

(i) Using the facility, system, space, or 

any part of the right-of-way area for 

commercial purposes; or 

(ii) A municipal utility or cooperative 

whose principal source of revenue is 

customer charges. 

(2) When the Service requires a bond, 

the permit holder must agree to the 

following terms and conditions: Before 

the permit’s effective date, the permit 

holder must file with the Service a 

performance bond payable to the 

Service, issued by a surety satisfactory 

to the Service, to guarantee its 

compliance with all terms and 

conditions of the permit and with all 

applicable laws and regulations. The 

Regional Director will determine the 

amount of the bond and with whom it 

must be filed. 

(g) Communications facilities. If the 

permit is for a communications facility 

as defined by the Mobile Now Act (47 

U.S.C. 1455(d)(1)), and the permit 

holder will operate or maintain wireless 

communications equipment, then they 

must also agree to the following terms 

and conditions. These terms and 

conditions are not applicable to neutral 

host providers, sometimes referred to as 

tower companies, that own and 

maintain tower or support structures but 

do not operate or maintain wireless 

communications equipment on those 

structures. 

(1) The permit holder agrees that use 

of wireless communications equipment 

is contingent upon the possession of a 

valid Federal Communications 

Commission (FCC) or National 

Telecommunications and Information 

Administration (NTIA) authorization/ 

license (if required), and the operation 

of the equipment is in strict compliance 

with applicable requirements of FCC or 

NTIA. A copy of each applicable license 

or authorization must be maintained at 

all times by the permit holder for each 

transmitter being operated. The permit 

holder must provide the Service project 

manager, when requested, with current 

copies of all licenses for equipment in 

or on facilities covered by the permit. 

(2) The permit holder must, at the 

permit holder’s sole cost and expense, 

take all necessary actions to comply 

with all applicable FCC radio frequency 

(RF) exposure regulations and 

requirements, and take reasonable 

precautions so that neither workers nor 

the public are subject to RF exposures 

above the FCC specific levels. 

(3) The permit holder agrees that the 

provisions of 18 U.S.C. 431 (contracts by 

Member of Congress) and 41 U.S.C. 

6306 (prohibition on Members of 

Congress making contracts with the 

Federal Government) apply to the 

permit, as if set forth in full. 

§ 29.21 Construction. 

(a) If construction is not commenced 

within 2 years after the date of the rightof-way grant, the right-of-way may be 

canceled by the Director of the U.S. Fish 

and Wildlife Service. 

(b) Upon completion of construction, 

the applicant shall file a certification of 

completion with the Regional Director. 

§ 29.22 Disposal, transfer, or termination 

of interest. 

(a) Change in jurisdiction over and 

disposal of lands. The final disposal by 

the United States of any tract of land 

traversed by a right-of-way shall not be 

construed to be a revocation of the rightof-way in whole or in part, but such 

final disposition shall be deemed and 

taken to be subject to such right-of-way 

unless it has been specifically canceled. 

(b) Transfer of permit. Any proposed 

transfer, by assignment, lease, operating 

agreement or otherwise, of a permit 


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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 permit. A 

$100 nonrefundable service fee must 

accompany the proposal. No transfer 

will occur unless and until approved in 

writing by the Regional Director. 

(c) Disposal of property on 

termination of right-of-way. In the 

absence of any agreement to the 

contrary: 

(1) The holder of the right-of-way 

must, within 6 months after termination 

of the right-of-way, remove all property 

or improvements placed there by the 

holder, other than a road and usable 

improvements to a road. 

(2) After 6 months, all property and 

improvements in the right-of-way area 

become the property of the United 

States. 

(3) The Regional Director may use 

discretion to extend this timeframe. 

§ 29.23 Required payment for use and 

occupancy of National Wildlife Refuge 

System land. 

(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 method approved by the 

Department of the Interior 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 before 

permit issuance. 

(2) If any Federal, State, or local 

agency is exempt from payment under 

any other provision of Federal law, the 

agency must inform the Service of the 

applicable Federal law during the 

preapplication meeting required by 

§ 29.14. The agency must also 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 must relate to, 

and be consistent with, the mission of 

the National Wildlife Refuge System. 

For agencies exempted from payment by 

law, the Regional Director may waive 

the requirement for other compensation 

upon finding this requirement to be 

impracticable or unnecessary. 

(b) The terms of the permit will 

specify the amount of the lump sum 

paid by the applicant for use and 

occupancy during the current permit 

term, or, if applicable, the initial annual 

rental payment amount for use and 

occupancy of the permitted area. 

(c) When annual rental payments are 

used, the Regional Director will 

periodically review and adjust the 

charges to reflect fair market value. The 

Regional Director will provide the 

permit holder with written notice 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 

permit holder files an appeal in 

accordance with § 29.26. 

(d) Payments received by the Service 

for use and occupancy of rights-of-way 

on Refuge lands and interests in land 

will be deposited into the Migratory 

Bird Conservation Fund to carry out the 

land-acquisition provisions of the 

Migratory Bird Conservation Act (16 

U.S.C. 715 et seq.) and the Migratory 

Bird Hunting Stamp Act (16 U.S.C. 718 

et seq.). Payments received for use and 

occupancy of rights-of-way on other 

Service-managed lands and interests in 

land will be deposited into the National 

Wildlife Refuge Fund, to make 

payments annually to counties and 

other units of local government in 

accordance with regulations in 50 CFR 

part 34. 

§ 29.24 Electric power transmission line 

rights-of-way. 

By accepting a right-of-way for a 

power transmission line, the applicant 

thereby agrees and consents to comply 

with and be bound by the following 

terms and conditions, except those 

which the Secretary may waive in a 

particular case, in addition to those 

specified in § 29.20. 

(a) To protect in a workmanlike 

manner, at crossings and at places in 

proximity to the transmission lines on 

the right-of-way authorized, in 

accordance with the rules prescribed in 

the National Electric Safety Code, all 

Government and other telephone, 

telegraph, and power transmission lines 

from contact and all highways and 

railroads from obstruction and to 

maintain the transmission lines in such 

manner as not to menace life or 

property. 

(b) Neither the privilege nor the right 

to occupy or use the lands for the 

purpose authorized shall relieve the 

applicant of any legal liability for 

causing inductive or conductive 

interference between any project 

transmission line or other project works 

constructed, operated, or maintained by 

the applicant on the servient lands, and 

any radio installation, telephone line, or 

other communication facilities now or 

hereafter constructed and operated by 

the United States or any agency thereof. 

§ 29.25 Rights-of-way for pipelines for the 

transportation of oil, natural gas, synthetic 

liquid, or gaseous fuels, or any refined 

product produced from these substances. 

(a) Application procedure. (1) 

Applications for pipelines and related 

facilities under this section are to be 

filed in accordance with § 29.15 with 

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

Federal land under the control of more 

than one Federal agency or more than 

one bureau or office of the Department 

of the Interior, a single application must 

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 is subject to the 

provisions of the regulations in this 

part. 

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

permits issued under this section are 

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 Service are 

excepted from the provisions of this 

section. 

(1) Pipeline safety. Right-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 part 192 or 195 

and in accordance with the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 651 et seq.) and any 

future amendments to that act. 

(2) Environmental protection. An 

application for a right-of-way must 

contain environmental information 

required by § 29.16(c)(4). The applicant 

must also provide a plan of 

construction, operation, and 

rehabilitation of the proposed facilities. 

In addition to terms and conditions 

imposed under § 29.20, the Regional 

Director will impose any stipulations 

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 


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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 all participants. Such 

disclosure will include where 

applicable: 

(1) The name and address of each 

partner; 

(2) The name and address of each 

shareholder owning 3 percent or more 

of the shares, together with the number 

and percentage of any class of voting 

shares that the shareholder is authorized 

for voting purposes; 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 that controls the entity, 

the number of shares and the percentage 

of any class of voting stock of the entity 

owned, directly or indirectly, by the 

affiliate. 

(d) Technical and financial 

capability. The Regional Director may 

require a financial statement and will 

issue or renew a right-of-way permit 

under this section only when satisfied 

that the applicant has the technical and 

financial capability to construct, 

operate, maintain, and terminate the 

facility. 

(e) Reimbursement of costs. (1) In 

accordance with § 29.18, 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. 

(2) Payments received by the Service 

to reimburse the United States for the 

costs incurred in monitoring the 

construction, operation, maintenance, 

and termination of any pipeline or 

related facilities will be deposited into 

the United States Treasury until such 

time that any provision of law allows 

these payments to supplement the 

Service’s appropriation. 

(f) Public hearing. The Regional 

Director will give notice to Federal, 

State, and local government agencies 

and the public of the opportunity to 

comment on right-of-way applications 

under this section. A notice will be 

published in the Federal Register, and 

a public hearing may be held where 

appropriate. 

(g) Bonding. Where appropriate, the 

Regional Director will require the holder 

of a right-of-way permit to furnish a 

bond or other satisfactory financial 

assurance 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 or for any 

reclamation or restoration requirements 

to be met. 

(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, 

the project manager 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 

permit 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. The 

suspension will remain in effect for only 

so long as an emergency condition 

continues. 

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

right-of-way permit will reserve to the 

Regional Director the right to issue 

additional right-of-way permits for 

compatible uses on or adjacent to 

permitted rights-of-way areas after 

giving notice to the permit 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 made from these 

substances will be constructed, 

operated, and maintained as common 

carriers. 

(1) The owners or operators of 

pipelines subject to the regulations in 

this subpart will 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 following due notice 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 will not apply to any 

natural gas pipeline operated by any 

person subject to regulation under the 

Natural Gas Act (15 U.S.C. ch. 15B, sec. 

717 et seq.) 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) The owners or operators of 

pipelines will purchase, without 

discrimination, any natural gas 

produced in the vicinity of the pipeline 

that is offered for sale unless that 

natural gas is subject to State regulatory 

or conservation laws governing its 

purchase by owners or operators of 

pipelines. 

(k) Required information. The 

Regional Director will require, prior to 

issuing or renewing a right-of-way 

permit, that the applicant submit and 

disclose all plans, contracts, agreements, 

or other information or material that the 

Regional Director deems necessary to 

determine whether to issue or renew the 

right-of-way permit or the terms and 

conditions that should be included in 

the permit. That 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 will take into consideration, 

and to the extent practical comply with, 

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

maintenance, taking into account any 

additional standards necessary to 

protect refuge resources. 

(m) Congressional notification. The 

Secretary will 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 permit for such a pipeline will be 

issued until a notice of intention to 

permit the right-of-way, together with 

the Secretary’s detailed findings as to 

the terms and conditions the Secretary 

proposes to impose, has been submitted 

to those committees. 

§ 29.26 Hearing and appeals procedures. 

(a) Application for a right-of-way. 

When denial of an application for a 


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right-of-way permit is based on a 

determination that the proposed use is 

not compatible with the purposes for 

which the area was established, the 

denial may be appealed to the Regional 

Director and subsequently to the 

Director, but no further. 

(b) Existing authorized right-of-way. 

The termination of an existing 

authorized right-of-way permit may be 

appealed to the Regional Director and 

subsequently to the Director and then 

further appealed to the Secretary. 

(c) Grant of a requested right-of-way. 

A party with standing may appeal the 

Service’s decision to issue a requested 

right-of-way permit to the Regional 

Director, subsequently to the Director, 

and finally to the Secretary. 

(d) Appeals to the Secretary. Appeals 

to the Secretary must follow the 

applicable regulations in 43 CFR part 4. 

§ 29.27 Severability. 

If a court holds any provisions of the 

regulations in this subpart or their 

applicability to any person or 

circumstance invalid, the remainder of 

the regulations in this subpart and their 

applicability to other people or 

circumstances will not be affected. 

Shannon Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–28367 Filed 12–10–24; 8:45 am] 

BILLING CODE 4333–15–P 


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