As broadband infrastructure deployments expand across the country, driven in part by federal programs like BEAD, the challenges with permitting and approvals for routes crossing federally administered lands have come to the forefront. Among the most complex permitting scenarios are fiber or wireless routes that propose to cross or occupy lands managed by the U.S. Fish & Wildlife Service (USFWS). 

For first-time recipients of federal funding and project managers unfamiliar with this process, the strict permitting requirements associated with these lands can come as a surprise. Similarly, the permitting and approval timelines can derail even the best-laid deployment plans.

Fortunately, 50 CFR Part 29 Subpart B provides a common framework for rights-of-way permits that intersect with the National Wildlife Refuge System and “other lands” administered by USFWS. Below, we answer three critical questions that broadband project teams should consider if they seek to deploy infrastructure on these lands.

Question: What are the permitting requirements for crossing or occupying USFWS-administered lands?

Crossing or occupying lands within the National Wildlife Refuge System or other USFWS-administered properties, including the National Fish Hatchery System, requires a right-of-way (ROW) permit under 50 CFR Part 29 Subpart B. 

The ROW permit process is administered by USFWS’s Lands and Realty (Realty) division and governs the physical use and occupation of the land. This process is distinct from Endangered Species Act (ESA) Section 7 consultations, which are managed by USFWS’s Ecological Services Program and focus on identifying and mitigating potential impacts to known endangered species and critical habitat. 

Broadband project developers must complete both a Section 7 consultation and obtain a ROW permit before construction activities can occur on any USFWS-administered land. The time required to obtain a permit should not be underestimated; the ROW permit requirement can add years to a project timeline. 

Question: What are the challenges of applying for a permit to route a broadband project through USFWS-administered land?

USFWS-administered lands were acquired specifically for wildlife and habitat protection, so the permitting process is lengthy and resource-intensive, by design, for both the applicant and USFWS.

Further, a ROW permit for USFWS lands is not guaranteed. To approve a permit request, USFWS must determine that any proposed use is compatible with the purposes for which the refuge or property was established. This compatibility determination adds analytical and administrative burdens on top of the standard application review. 

Applicants should expect a minimum of two years from submission of a complete application to permit issuance. That timeline assumes no significant complications—and complications are common. For example, a proposed fiber or wireless route that crosses or occupies USFWS-administered land could trigger an Environmental Impact Statement (EIS) review, which may require an additional 24 to 48 months to complete. 

Question: What are the steps in the ROW permit process?

The application pathway includes several required steps:

First, confirm whether USFWS-administered lands are involved. NTIA has guided BEAD subgrantees to use tools like the USFWS Information for Planning and Consultation (IPaC) system and federal land mapping resources (e.g., the NTIA Permitting and Environmental Information Application) to identify whether a proposed route crosses any USFWS-administered land.

Second, schedule a pre-application meeting with USFWS Realty. This meeting is required before a formal application can be submitted. USFWS Realty manages the entire formal permit process, including application processing, cost recovery, appraisals, and permit execution.

Third, following the pre-application meeting, submit a complete application per 50 CFR Part 29 Subpart B. Required materials include a completed Standard Form 299, route maps and/or shapefiles, preliminary site and facility construction plans, proposed access plans, and supplemental environmental information.

During the pre-application meeting or in subsequent communications, USFWS will inform the applicant of any additional information the agency requires to prepare the ROW permit. The applicant must provide this supplemental information before USFWS may issue the permit. This iterative process means that a “complete application” is not always a one-time submission—plan for back-and-forth communication over the course of the review.

Key takeaways

Given the stringent requirements for a ROW permit—and the fact that broadband projects typically have viable alternative routes—the expectation from USFWS and state broadband offices administering federal grants is that applicants will design routes that avoid these lands.

If the route does cross that type of land, explore alternatives. A longer route that avoids USFWS lands is generally preferable to a multi-year permitting process through a wildlife refuge, fish hatchery, or wetland.

If no alternative paths are available, the ROW permit process may present a timeline risk to federal- and state-funded broadband grant programs. Given this reality, early engagement with USFWS is essential—but still no guarantee of success for that segment of a broadband project.

Legal disclaimer

CTC is not a law firm. Our analysis and recommendations are based on our industry knowledge, experience, and understanding of applicable federal and state rules and regulations. Subgrantees should consult with their attorneys on any contract language.