Submission of a Right-of-Way application will begin the process for issuance of a permit/easement.&nbsp; FWS recommends the application be submitted after a Record of Decision is signed which will identify the preferred route.&nbsp; Once the application is determined to be complete, the Refuge will evaluate the compatibility of the preferred route and document that determination through a signed Compatibility Determination (CD).&nbsp; The process for completing the CD is estimated to take 45 days.&nbsp; The signed CD along with the ROD/EIS will be forwarded to FWS Realty staff and should complete the necessary documentation for Realty to process the previously submitted application.&nbsp; Issuance of a ROW easement could take up to 9 months.

August 10, 2020 update -&nbsp;FWS received a final restoration plan to restore the abandoned ROW and the property to be exchanged as replacement habitat from the applicants on August 5th.&nbsp; The final restoration plan is a requirement of the ROW permit.&nbsp; The plan is with FWS Realty office, and FWS awaiting review and finalization of the appraisal for the ROW.&nbsp; The appraisal will be used to determine the fee to charge the applicants for use of the ROW.&nbsp; FWS anticipates the approved appraisal this week.&nbsp; With that, FWS will “finalize” the draft ROW permit and send to the applicants for review and signature later this week or early next week.&nbsp; The applicants need to return a signed copy of the ROW to the FWS for final signature and issuance. 

August 28, 2020 Update: The FWS ROW permit was provided to the Project Sponsor on Wednesday, August 26.&nbsp; On Thursday, August 27, the Project Sponsor informed FWS that it could take up to 2 weeks to sign the ROW permit and return it to the FWS Realty Office.&nbsp; Once it is returned to FWS, the Regional Director will need to sign it.

September 9, 2020 Update: The Project Sponsor returned the signed final ROW permit and associated payment to the FWS on 9/4/2020; on 9/8/2020 the FWS Regional Director signed the permit and returned it to the Project Sponsor on 9/9/2020.

October 21, 2021 Update:&nbsp;On August 27, 2021, the FWS revoked the right-of-way that was issued on September 8, 2020 and rescinded the Compatibility Determination that supported the ROW as a result of a factual error that occurred during the analysis. On September 27, 2021, the project sponsor appealed the revocation in a letter to the USFWS Acting Director and the appeal is pending. The FWS continues to work with the RUS on an Environmental Assessment to evaluate 8 minor modifications to the route that was selected in the 2020 EIS ROD.

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