New NPS Rule On Right-Of-Way Permits May Affect Local Infrastructure Projects In Alaska

Author: Nick Sorrell |

The National Park Service (NPS) has revised regulations for right-of-way (ROW) permits, which are necessary for infrastructure projects like utilities and communication facilities on NPS-managed lands.

 

The new rule, effective Jan. 6, 2025, aligns NPS processes with those of other Department of the Interior bureaus. It introduces a pre-application meeting, a standard application form, and updated methods for determining fair market value.

 

The rule specifically mentions the Alaska National Interest Lands Conservation Act (ANILCA), indicating that certain ROW permits in Alaska may be issued under this legislation.

 

The revisions aim to streamline the application process, clarify construction permitting, and integrate modern technology and practices, potentially impacting infrastructure projects in Alaska’s national parks.

 

The NPS will now require a more comprehensive application process, including proof of no practicable alternatives to using NPS lands, which could affect project planning and execution in Alaska.

 

Public comments on the proposed rule included concerns from Indian Tribes about consultation requirements, which the NPS addressed by affirming its commitment to consult with Tribes and ANCSA Corporations when necessary.

 

The rule changes may influence how utilities and communication companies plan and execute projects in Alaska, especially in areas where NPS lands are involved.

Author: Nick Sorrell

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