Applications for proposed rights‐of‐way over, upon, under, or through U.S. Fish and Wildlife Service (USFWS) lands. The National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-668ee), as amended by the National Wildlife Refuge System Improvement Act of 1997 (Pub. L. 105-57) authorizes the USFWS to permit a new use, or expand, renew, or extend an existing use, of a refuge only when the USFWS determines it is a compatible use. The term “compatible use”is defined in statute 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. Processing of right‐of‐way applications across these lands must comply with USFWS regulatory requirements in 50 CFR 29.21 and 26.41. Additionally, proposed right-of-ways across USFWS lands in the State of Alaska, when authorized by ANILCA (16 U.S.C. 3101, et seq.) follow the requirements in 43 CFR part 36.
Right of Way Authorization DOI FWS
Permit/Review
Responsible Agency/Bureau
Project Type
All
Activity/Trigger
Application requesting a right-of-way for use of U.S. Fish and Wildlife Service lands.
Description
Statute/Regulations
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); 50 CFR 29.21 and 26.41; and ANILCA (16 U.S.C. 3101, et seq.); 43 CFR part 36
Editorial Category