View Rule

This proposed rule would provide the Fish and Wildlife Service (FWS) with additional flexibility to determine the fair market value (FMV) of rights of way (ROW) granted across National Wildlife Refuge System (NWRS) lands. Strictly interpreted, current regulations require FWS to obtain appraisals to determine FMV for ROW granted across NWRS lands from the Department of the Interior’s Office of Valuation Services (OVS). The OVS process is expensive and time-consuming, and may require 3 to 12 months or longer. Moreover, with the vast majority of ROW applications, the cost of obtaining an OVS appraisal to determine the ROW's FMV can exceed the actual FMV. This new rule would provide FWS with additional flexibility to determine the FMV of a ROW across NWRS lands, consequently reducing the time and cost necessary to determine the FMV of many ROW, and, subsequently, reducing the applicant’s time and cost to obtain these ROW. However, under the new rule, ROW grantees would retain the option of an appraisal, and FWS would use an appraisal to determine the FMV when requested by the applicant.