Sample Habitat Easement (Form 1)
FORM 01
PAGE 01
(Rev. 04/2010)
This conveyance is exempt
from the Minnesota State
Deed Transfer Tax.
(Minn. Stat. § 287.22(F)
UNITED STATES DEPARTMENT OF INTERIOR
U.S. FISH AND WILDLIFE SERVICE
GRANT OF EASEMENT FOR WILDLIFE HABITAT PROTECTION
THIS INDENTURE, by and between
hereinafter referred to as Grantors, and the UNITED STATES OF AMERICA, hereinafter referred to as United
States, acting by and through the Secretary of the Interior or his authorized representative.
WITNESSETH:
WHEREAS, the Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718d; the Fish and Wildlife
Act of 1956, 16 U.S.C. 742a-742j; the Emergency Wetland Resources Act of 1986, 16 U.S.C. 3901; the Endangered
Species Act of 1973, as amended, 16 U.S.C. 1534 and the Land and Water Conservation Fund Act, 16 U.S.C. 460l9(a)(1), authorize the Secretary of the Interior to acquire lands or waters or interests therein for the development,
advancement, management, conservation and protection of fish and wildlife resources. The purpose of this
easement is to provide and protect quality habitat on the lands and wetlands described herein and such lands and
wetlands shall be maintained and improved to provide cover and food for a varied array of aquatic, terrestrial, and
avian wildlife, particularly migratory birds, and threatened and endangered species, and
WHEREAS, the lands and wetlands described below contain existing or potential habitat suitable for use for
wildlife management purposes.
NOW, THEREFORE, for and in consideration of the sum of
and No/100 Dollars ($
), the
Grantors hereby grant to the United States, commencing with the acceptance of this indenture by the Secretary of the
Interior or his authorized representative, an easement which includes a right of use for the maintenance of the lands
described on Exhibit A, as wildlife management areas, in perpetuity, including the right of ingress to and egress on,
over, across and through any and all lands of the Grantors, as described below, by authorized representatives of the
United States. No rights herein are granted to the general public for access to or entry upon the land subject to this
grant of easement for any purpose. The lands described on Exhibit A are located within, and the aforementioned
right of ingress and egress extends on, over, across and through any and all lands within the following described
legal subdivision(s) in ____________________ County, State of __________________, to-wit:
[Insert Legal Description]
FORM 01
PAGE 02
(Rev. 04/2010)
SUBJECT, however, to all valid existing rights-of-way for highways, roads, railroads, pipelines, canals, laterals,
electrical transmission lines, cable lines, and all mineral rights.
The conveyance hereunder shall be effective on the date of the execution of this Indenture by the Secretary of
the Interior or his authorized representative; provided, however, that such acceptance must be made within calendar
months from the date of the execution of this Indenture by the Grantors, or any subsequent date as may be mutually
agreed upon in writing by the parties hereto prior to the expiration of such date; and provided further, however, that
in the event that such acceptance is not made by such date, this Indenture shall be null and void.
No rights herein are granted to the general public for access to or entry upon the land subject to this grant of
easement for any purpose.
The Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other person claiming
under them, covenant and agree that they will cooperate in the maintenance and protection of the aforesaid lands and
wetlands for the protection and management of fish and wildlife resources and to maintain the quality of these lands
and wetlands to provide cover and food for a varied array of aquatic, terrestrial, and avian wildlife, particularly
migratory birds, and threatened and endangered species. To that end and for the purpose of accomplishing the intent
on this Indenture, the Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other
person claiming under them, covenant and agree as follows:
1. Grantors will not perform, cause to be performed or permit haying, mowing or seed harvesting upon the
easement area until after July 15 in any calendar year.
2. Grantors will not perform, cause to be performed or permit the following activities upon the easement area:
altering of grassland, woodland, wildlife habitat or other natural features by digging, plowing, disking, cutting or
otherwise destroying the vegetative cover; dumping refuse, wastes, sewage or other debris; burning; draining,
dredging, channeling, filling, leveling, pumping, diking, impounding or related activities; altering or tampering with
water control structures or devices; diverting or causing or permitting the diversion of surface or underground water
into, within or out of the easement area by any means including ditching or the construction of wells; building or
placing buildings or structures on the easement area; and producing agricultural crops, unless prior approval in
writing is granted by the U.S. Fish and Wildlife Service; except that grazing the aforesaid lands is permitted at
anytime throughout the calendar year.
3. Grantors will pay all taxes and assessments, if any, which may be levied against the land.
4. Grantors will be responsible for noxious weed control and emergency control of pests to protect the public
good subject to Federal and State Statutes and Regulations. Methods used to control noxious weeds and pests must
be approved in writing by the U.S. Fish and Wildlife Service prior to implementation by the Grantors. However,
mowing or haying noxious weeds is prohibited until after July 15 in any calendar year in accordance with the
easement terms stated above.
5. The United States and its authorized representatives shall have the right to sign, post, mark, or otherwise
identify the easement area and to maintain said identification.
6. The United States and its authorized representatives shall have the right to restore and/or maintain grasslands
and wetlands on the easement area.
FORM 01
PAGE 03
(Rev. 04/2010)
It is understood that this easement and the covenants and agreements contained herein shall run with the land
and shall be binding on all persons and entities who shall come into ownership or possession of the lands and
wetlands subject to this easement. The Grantor, successors and assigns shall notify the Regional Director, U.S. Fish
and Wildlife Service in writing of any sale or transfer within 30 days following the sale or transfer of any portion of
the lands and wetlands subject to this easement.
It is further understood that the rights and interests granted to the UNITED STATES OF AMERICA herein
shall become part of the National Wildlife Refuge System and shall be administered by the United States Fish and
Wildlife Service, pursuant to the National Wildlife Refuge Systems Administration Act, 16 U.S.C. 668dd.
SPECIAL PROVISIONS
1. This Indenture shall not be binding upon the UNITED STATES OF AMERICA until accepted on behalf of
the United States by the Secretary of the Interior or his authorized representative, although this Indenture is
acknowledged by the Grantors to be presently binding upon them and to remain so until the expiration of said period
of acceptance, as hereinabove described, by virtue of payment to the Grantors, by the UNITED STATES OF
AMERICA, of the sum of One Dollar, the receipt of which is hereby expressly acknowledged by Grantors.
2. Notice of acceptance of this Indenture shall be given to the Grantors by certified mail addressed to:
and shall be effective upon the date of mailing, and such notice shall be binding upon all Grantors without sending a
separate notice to each.
3. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be
admitted to any share or part of this contract, or to any benefit to arise thereupon. Nothing, however, herein
contained shall be construed to extend to any incorporated company, where such contract is made for the general
benefit of incorporation or company.
4. Payment of the consideration shall be made by a United States Treasury check after acceptance of this
Indenture by the Secretary of the Interior or his authorized representative and after the Attorney General, or in
appropriate cases, the Solicitor of the Department of the Interior shall have approved the easement interest thus
vested in the United States.
20
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals this
.
day of ___________,
___________________________________________________(L.S.) 1
___________________________________________________(L.S.)
1
With Capacity
FORM 01
PAGE 04
(Rev. 04/2010)
ACKNOWLEDGMENT
STATE OF
)
) SS
)
COUNTY OF
On this
day of
, in the year 20
, before me personally appeared
, husband and wife (a single person), known to me to be
the person(s) described in and who executed the foregoing instrument and acknowledged to me that they (he/she)
executed the same as their (his/her) free act and deed.
Notary Public
(SEAL)
My Commission Expires: _________________________
ACCEPTANCE
The Secretary of the Interior, acting by and through his authorized representatives, has executed this agreement
day of
, 20
.
on behalf of the United States this
THE UNITED STATES OF AMERICA
By: __________________________________________
Title: _________________________________________
U.S. Fish and Wildlife Service
This instrument drafted by Realty Employee, an employee of the Fish and Wildlife Service, U.S. Department of the
Interior, Anytown, USA.
Sample Habitat Easement (Form 2)
FORM 02
PAGE 01
(Rev. 04/2010)
This conveyance is exempt
from the Minnesota Deed
Transfer Tax.
(Minn. Stat. § 287.22(F)
UNITED STATES DEPARTMENT OF INTERIOR
U.S. FISH AND WILDLIFE SERVICE
GRANT OF EASEMENT FOR WILDLIFE HABITAT PROTECTION
THIS INDENTURE, by and between
hereinafter referred to as Grantors, and the UNITED STATES OF AMERICA, hereinafter referred to as United
States, acting by and through the Secretary of the Interior or his authorized representative.
WITNESSETH:
WHEREAS, the Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718d; the Fish and Wildlife
Act of 1956, 16 U.S.C. 742a-742j; the Emergency Wetland Resources Act of 1986, 16 U.S.C. 3901; the Endangered
Species Act of 1973, as amended, 16 U.S.C. 1534 and the Land and Water Conservation Fund Act, 16 U.S.C. 460l9(a)(1), authorize the Secretary of the Interior to acquire lands or waters or interests therein for the development,
advancement, management, conservation and protection of fish and wildlife resources. The purpose of this
easement is to provide and protect quality habitat on the lands and wetlands described herein and such lands and
wetlands shall be maintained and improved to provide cover and food for a varied array of aquatic, terrestrial, and
avian wildlife, particularly migratory birds, and threatened and endangered species, and
WHEREAS, the lands and wetlands described below contain existing or potential habitat suitable for use for
wildlife management purposes.
NOW, THEREFORE, for and in consideration of the sum of
and No/100 Dollars ($
), the
Grantors hereby grant to the United States, commencing with the acceptance of this indenture by the Secretary of the
Interior or his authorized representative, an easement which includes a right of use for the maintenance of the lands
described on Exhibit A, as wildlife management areas, in perpetuity, including the right of ingress to and egress on,
over, across and through any and all lands of the Grantors, as described below, by authorized representatives of the
United States. No rights herein are granted to the general public for access to or entry upon the land subject to this
grant of easement for any purpose. The lands described on Exhibit A are located within, and the aforementioned
right of ingress and egress extends on, over, across and through any and all lands within the following described
legal subdivision(s) in ____________________ County, State of __________________, to-wit:
[Insert Legal Description]
FORM 02
PAGE 02
(Rev. 04/2010)
SUBJECT, however, to all valid existing rights-of-way for highways, roads, railroads, pipelines, canals, laterals,
electrical transmission lines, cable lines, and all mineral rights.
The conveyance hereunder shall be effective on the date of the execution of this Indenture by the Secretary of
the Interior or his authorized representative; provided, however, that such acceptance must be made within calendar
months from the date of the execution of this Indenture by the Grantors, or any subsequent date as may be mutually
agreed upon in writing by the parties hereto prior to the expiration of such date; and provided further, however, that
in the event that such acceptance is not made by such date, this Indenture shall be null and void.
No rights herein are granted to the general public for access to or entry upon the land subject to this grant of
easement for any purpose.
The Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other person claiming
under them, covenant and agree that they will cooperate in the maintenance and protection of the aforesaid lands and
wetlands for the protection and management of fish and wildlife resources and to maintain the quality of these lands
and wetlands to provide cover and food for a varied array of aquatic, terrestrial, and avian wildlife, particularly
migratory birds, and threatened and endangered species. To that end and for the purpose of accomplishing the intent
on this Indenture, the Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other
person claiming under them, covenant and agree as follows:
1. Grantors will not perform, cause to be performed or permit haying, mowing or seed harvesting upon the
easement area until after July 15 in any calendar year.
2. Grantors will not perform, cause to be performed or permit the following activities upon the easement area:
altering of grassland, woodland, wildlife habitat or other natural features by digging, plowing, disking, cutting or
otherwise destroying the vegetative cover; dumping refuse, wastes, sewage or other debris; burning; grazing;
draining, dredging, channeling, filling, leveling, pumping, diking, impounding or related activities; altering or
tampering with water control structures or devices; diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means including ditching or the construction of
wells; building or placing buildings or structures on the easement area; and producing agricultural crops, unless prior
approval in writing is granted by the U.S. Fish and Wildlife Service.
3. Grantors will not permit the grazing of livestock and will be responsible for excluding livestock from the
easement area and will provide, construct and maintain fences as necessary to accomplish this exclusion of
livestock.
4. Grantors will pay all taxes and assessments, if any, which may be levied against the land.
5. Grantors will be responsible for noxious weed control and emergency control of pests to protect the public
good subject to Federal and State Statutes and Regulations. Methods used to control noxious weeds and pests must
be approved in writing by the U.S. Fish and Wildlife Service prior to implementation by the Grantors. However,
mowing or haying noxious weeds is prohibited until after July 15 in any calendar year in accordance with the
easement terms stated above.
6. The United States and its authorized representatives shall have the right to sign, post, mark, or otherwise identify
the easement area and to maintain said identification.
FORM 02
PAGE 03
(Rev. 04/2010)
7. The United States and its authorized representatives shall have the right to restore and/or maintain
grasslands and wetlands on the easement area.
It is understood that this easement and the covenants and agreements contained herein shall run with the land
and shall be binding on all persons and entities who shall come into ownership or possession of the lands and
wetlands subject to this easement. The Grantor, successors and assigns shall notify the Regional Director, U.S. Fish
and Wildlife Service in writing of any sale or transfer within 30 days following the sale or transfer of any portion of
the lands and wetlands subject to this easement.
It is further understood that the rights and interests granted to the UNITED STATES OF AMERICA herein
shall become part of the National Wildlife Refuge System and shall be administered by the United States Fish and
Wildlife Service, pursuant to the National Wildlife Refuge Systems Administration Act, 16 U.S.C. 668dd.
SPECIAL PROVISIONS
1. This Indenture shall not be binding upon the UNITED STATES OF AMERICA until accepted on behalf of
the United States by the Secretary of the Interior or his authorized representative, although this Indenture is
acknowledged by the Grantors to be presently binding upon them and to remain so until the expiration of said period
of acceptance, as hereinabove described, by virtue of payment to the Grantors, by the UNITED STATES OF
AMERICA, of the sum of One Dollar, the receipt of which is hereby expressly acknowledged by Grantors.
2. Notice of acceptance of this Indenture shall be given the Grantors by certified mail addressed to:
and shall be effective upon the date of mailing, and such notice shall be binding upon all Grantors without sending a
separate notice to each.
3. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be
admitted to any share or part of this contract, or to any benefit to arise thereupon. Nothing, however, herein
contained shall be construed to extend to any incorporated company, where such contract is made for the general
benefit of incorporation or company.
4. Payment of the consideration shall be made by a United States Treasury check after acceptance of this
Indenture by the Secretary of the Interior or his authorized representative and after the Attorney General, or in
appropriate cases, the Solicitor of the Department of the Interior shall have approved the easement interest thus
vested in the United States.
20
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals this
.
day of ___________,
___________________________________________________(L.S.) 2
___________________________________________________(L.S.)
2
With Capacity
FORM 02
PAGE 04
(Rev. 04/2010)
ACKNOWLEDGMENT
STATE OF
)
) SS
)
COUNTY OF
On this
day of
, in the year 20
, before me personally appeared
, husband and wife (a single person), known to me to be
the person(s) described in and who executed the foregoing instrument and acknowledged to me that they (he/she)
executed the same as their (his/her) free act and deed.
Notary Public
(SEAL)
My Commission Expires: _________________________
ACCEPTANCE
The Secretary of the Interior, acting by and through his authorized representatives, has executed this agreement
day of
, 20
.
on behalf of the United States this
THE UNITED STATES OF AMERICA
By: __________________________________________
Title: _________________________________________
U.S. Fish and Wildlife Service
This instrument drafted by Realty Employee, an employee of the Fish and Wildlife Service, U.S. Department of the
Interior, Anytown, USA.
Sample Habitat Easement (Form 4)
FORM 04
PAGE 01
(Rev. 04/2010)
This conveyance is exempt
from the Minnesota State
Deed Transfer Tax.
(Minn. Stat. § 287.22(F)
UNITED STATES DEPARTMENT OF INTERIOR
U.S. FISH AND WILDLIFE SERVICE
GRANT OF EASEMENT FOR WILDLIFE HABITAT PROTECTION
THIS INDENTURE, by and between
hereinafter referred to as Grantors, and the UNITED STATES OF AMERICA, hereinafter referred to as United
States, acting by and through the Secretary of the Interior or his authorized representative.
WITNESSETH:
WHEREAS, the Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718d; the Fish and Wildlife
Act of 1956, 16 U.S.C. 742a-742j; the Emergency Wetland Resources Act of 1986, 16 U.S.C. 3901; the Endangered
Species Act of 1973, as amended, 16 U.S.C. 1534 and the Land and Water Conservation Fund Act, 16 U.S.C. 460l9(a)(1), authorize the Secretary of the Interior to acquire lands or waters or interests therein for the development,
advancement, management, conservation and protection of fish and wildlife resources. The purpose of this
easement is to provide and protect quality habitat on the lands and wetlands described herein and such lands and
wetlands shall be maintained and improved to provide cover and food for a varied array of aquatic, terrestrial, and
avian wildlife, particularly migratory birds, and threatened and endangered species, and
WHEREAS, the lands and wetlands described below contain existing or potential habitat suitable for use for
wildlife management purposes.
NOW, THEREFORE, for and in consideration of the sum of
and No/100 Dollars ($
),
the Grantors hereby grant to the United States, commencing with the acceptance of this indenture by the Secretary of
the Interior or his authorized representative, an easement which includes a right of use for the maintenance of the
lands described on Exhibit A, as wildlife management areas, in perpetuity, including the right of ingress to and
egress on, over, across and through any and all lands of the Grantors, as described below, by authorized
representatives of the United States. No rights herein are granted to the general public for access to or entry upon
the land subject to this grant of easement for any purpose. The lands described on Exhibit A are located within, and
the aforementioned right of ingress and egress extends on, over, across and through any and all lands within the
following described legal subdivision(s) in ____________________ County, State of __________________, to-wit:
[Insert Legal Description]
FORM 04
PAGE 02
(Rev. 04/2010)
SUBJECT, however, to all valid existing rights-of-way for highways, roads, railroads, pipelines, canals, laterals,
electrical transmission lines, cable lines, and all mineral rights.
The conveyance hereunder shall be effective on the date of the execution of this Indenture by the Secretary of
the Interior or his authorized representative; provided, however, that such acceptance must be made within calendar
months from the date of the execution of this Indenture by the Grantors, or any subsequent date as may be mutually
agreed upon in writing by the parties hereto prior to the expiration of such date; and provided further, however, that
in the event that such acceptance is not made by such date, this Indenture shall be null and void.
No rights herein are granted to the general public for access to or entry upon the land subject to this grant of
easement for any purpose.
The Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other person claiming
under them, covenant and agree that they will cooperate in the maintenance and protection of the aforesaid lands and
wetlands for the protection and management of fish and wildlife resources and to maintain the quality of these lands
and wetlands to provide cover and food for a varied array of aquatic, terrestrial, and avian wildlife, particularly
migratory birds, and threatened and endangered species. To that end and for the purpose of accomplishing the intent
on this Indenture, the Grantors, for themselves, and for their heirs, successors, and assigns, lessees, and any other
person claiming under them, covenant and agree as follows:
1. Grantors will not perform, cause to be performed or permit the following activities upon the easement area:
haying, mowing or seed harvesting for any reason; altering of grassland, woodland, wildlife habitat or other natural
features by digging, plowing, disking, cutting or otherwise destroying the vegetative cover; dumping refuse, wastes,
sewage or other debris; burning; draining, dredging, channeling, filling, leveling, pumping, diking, impounding or
related activities; altering or tampering with water control structures or devices; diverting or causing or permitting
the diversion of surface or underground water into, within or out of the easement area by any means including
ditching or the construction of wells; building or placing buildings or structures on the easement area; and producing
agricultural crops, unless prior approval in writing is granted by the U.S. Fish and Wildlife Service; except that
grazing the aforesaid lands is permitted at anytime throughout the calendar year.
2. Grantors will pay all taxes and assessments, if any, which may be levied against the land.
3. Grantors will be responsible for noxious weed control and emergency control of pests to protect the public
good subject to Federal and State Statutes and Regulations. Methods used to control noxious weeds and pests must
be approved in writing by the U.S. Fish and Wildlife Service prior to implementation by the Grantors. However,
mowing or haying noxious weeds is prohibited until after July 15 in any calendar year in accordance with the
easement terms stated above.
4. The United States and its authorized representatives shall have the right to sign, post, mark, or otherwise
identify the easement area and to maintain said identification.
5. The United States and its authorized representatives shall have the right to restore and/or maintain grasslands
and wetlands on the easement area.
It is understood that this easement and the covenants and agreements contained herein shall run with the land and
shall be binding on all persons and entities who shall come into ownership or possession of the lands and wetlands
subject to this easement. The Grantor, successors and assigns shall notify the Regional Director, U.S. Fish and
Wildlife Service in writing of any sale or transfer within 30 days following the sale or transfer of any portion of the
lands and wetlands subject to this easement.
FORM 04
PAGE 03
(Rev. 04/2010)
It is further understood that the rights and interests granted to the UNITED STATES OF AMERICA herein
shall become part of the National Wildlife Refuge System and shall be administered by the United States Fish and
Wildlife Service, pursuant to the National Wildlife Refuge Systems Administration Act, 16 U.S.C. 668dd.
SPECIAL PROVISIONS
1. This Indenture shall not be binding upon the UNITED STATES OF AMERICA until accepted on behalf of
the United States by the Secretary of the Interior or his authorized representative, although this Indenture is
acknowledged by the Grantors to be presently binding upon them and to remain so until the expiration of said period
of acceptance, as hereinabove described, by virtue of payment to the Grantors, by the UNITED STATES OF
AMERICA, of the sum of One Dollar, the receipt of which is hereby expressly acknowledged by Grantors.
2. Notice of acceptance of this Indenture shall be given the Grantors by certified mail addressed to:
and shall be effective upon the date of mailing, and such notice shall be binding upon all Grantors without sending a
separate notice to each.
3. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be
admitted to any share or part of this contract, or to any benefit to arise thereupon. Nothing, however, herein
contained shall be construed to extend to any incorporated company, where such contract is made for the general
benefit of incorporation or company.
4. Payment of the consideration shall be made by a United States Treasury check after acceptance of this
Indenture by the Secretary of the Interior or his authorized representative and after the Attorney General, or in
appropriate cases, the Solicitor of the Department of the Interior shall have approved the easement interest thus
vested in the United States.
20
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals this
.
day of ___________,
___________________________________________________(L.S.) 3
___________________________________________________(L.S.)
3
With Capacity
FORM 04
PAGE 04
(Rev. 04/2010)
ACKNOWLEDGMENT
STATE OF
)
) SS
)
COUNTY OF
On this
day of
, in the year 20
, before me personally appeared
, husband and wife (a single person), known to me to be
the person(s) described in and who executed the foregoing instrument and acknowledged to me that they (he/she)
executed the same as their (his/her) free act and deed.
Notary Public
(SEAL)
My Commission Expires: _________________________
ACCEPTANCE
The Secretary of the Interior, acting by and through his authorized representatives, has executed this agreement
day of
, 20
.
on behalf of the United States this
THE UNITED STATES OF AMERICA
By: __________________________________________
Title: _________________________________________
U.S. Fish and Wildlife Service
This instrument drafted by Realty Employee, an employee of the Fish and Wildlife Service, U.S. Department of the
Interior, Anytown, USA.
