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DOI/FWS RIN: 1018-BA72 Publication ID: Fall 2016 
Title: Rights of Way Across National Wildlife Refuge System Lands; Determining Fair Market Value 

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.

Agency: Department of the Interior(DOI)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 29   
Legal Authority: National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd-668ee)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
A. Eric Alvarez
Chief, Division of Realty
Department of the Interior
United States Fish and Wildlife Service
5275 Leesburg Pike, MS: NWRS,
Falls Church, VA 22041-3803
Phone:703 358-2410
Fax:703 358-2248