Congress Moves to Scrap FHA Rule on Wildlife Refuge Roads: What Happens When Coordination Disappears?

This joint resolution is a procedural move using the Congressional Review Act (CRA) to immediately kill a specific regulation from the Federal Highway Administration (FHA). The rule being targeted is called "Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program." Essentially, Congress is stepping in to veto the FHA’s decision to rescind—or cancel—existing management systems. Once this resolution passes, the FHA’s rule is void, meaning the management systems that coordinate road projects with wildlife refuges are likely back in place, reversing the FHA's attempt to eliminate them.

The Bureaucratic Tug-of-War Over Potholes and Plovers

To understand what’s happening, you need to know about the “Refuge Roads Program.” This program helps fund roads that serve the National Wildlife Refuge System, which are lands managed by the Fish and Wildlife Service (FWS). Because these roads run through sensitive ecological areas, there have long been specific management systems—basically, rules and procedures—to ensure that road maintenance and upgrades don't trash the local environment or impact wildlife like migrating birds or endangered species.

The FHA recently tried to get rid of these coordination rules, arguing they were unnecessary administrative burdens. This resolution, however, rejects the FHA’s attempt to scrap the rules. By disapproving the FHA’s rescinding rule, Congress is effectively saying, “No, FHA, you can’t get rid of those management systems.” This means the existing coordination and oversight requirements between the FHA and the FWS are preserved, maintaining the status quo of regulatory checks and balances.

Who Pays the Price for Less Coordination?

If the FHA had successfully removed these management systems, it might have streamlined some paperwork for road projects near refuges. But that efficiency comes with a real-world cost. These regulations ensure that when a road is built or repaired near a sensitive area—say, a wetland used by migratory birds or a known habitat for a rare species—the FWS gets a seat at the table to ensure the project doesn't damage the refuge.

Maintaining these management systems means that infrastructure projects must continue to factor in environmental protection. For example, a construction crew replacing a bridge near a refuge entrance can’t just dump debris into a stream or start work during nesting season without FWS approval. This resolution ensures that the FWS retains its regulatory teeth to coordinate and protect these federal lands. While it might mean slightly longer approval times for some road projects, it maintains the safeguards designed to protect the resources that the public relies on for recreation and conservation.