Data / Federal rules / 2024-10242

National Wildlife Refuge System; Drain Tile Setbacks

The Fish and Wildlife Service published this final rule in the Federal Register on May 13, 2024. It took effect on June 12, 2024.

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What the agency says

We, the U.S. Fish and Wildlife Service (Service), promulgate new regulations pertaining to wetland easements to bring consistency, transparency, and clarity for both easement landowners and the Service in the administration of conservation easements, pursuant to the National Wildlife Refuge Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. These regulations codify the process by which landowners can request and the Service will provide drain tile setbacks under wetland easement contracts. Under these regulations, if landowners fully comply with Service-provided setbacks when installing drain tile and do not later replace or modify the drain tile, the Service grants the landowners a safe harbor from legal action in the event that the setback drain tile nevertheless results in the draining of an easement wetland. Setback distances are calculated based upon the best available science considering soil characteristics, tile diameter, the depth of the tile below the surface, and/or topography sufficient to the easement contract's standard of protection that ensures no drainage of adjacent protected wetland areas. The regulations apply only to setbacks provided by the Service beginning on the effective date of this final rule.

Key facts

Document number: 2024-10242
Type: Final rule
Action: Final rule
Agency: Interior Department; Fish and Wildlife Service
Published: May 13, 2024
Takes effect: June 12, 2024
Dates: This rule is effective June 12, 2024.
Docket: Docket No. FWS-HQ-NWRS-2022-0092; FXRS12610900000-245-FF09R25000
Regulation ID (RIN): 1018-BG80
Code of Federal Regulations: 50 CFR 25
Topics: Administrative practice and procedure; Concessions; Reporting and recordkeeping requirements; Safety; Wildlife refuges
Pages: 11

The document on federalregister.gov PDF

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Everything from the Fish and Wildlife Service · Rules on administrative practice and procedure · Rules on concessions · Rules on reporting and recordkeeping requirements · Published in May 2024

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