1 DEED OF CONSERVATION EASEMENT This Indenture, made this of , 20 , between
, with an address at ,
, (hereinafter the “Grantor”), and , a
non-profit corporation with a principal address at ,
, , (hereinafter the “Grantee”).
WHEREAS, the Grantor is the owner of certain real property hereinafter more fullydescribed in Addendum “A” attached hereto and by reference incorporated herein, andhereinafter referred to as the Protected Property; andWHEREAS, the Protected Property is shown on a map dated ,
and filed in the Office of the Clerk of the County of
on , 20 as Map No. , said map being hereinafter
referred to as “Map of the Protected Property”; and
WHEREAS, the Legislature of the State of New York has declared the public policy ofthe State to be conservation, preservation and protection of its environmental assets and
natural and man-made resources, and in furtherance thereof, has enacted Article 49, Title 3
of the Environmental Conservation Law to provide for and encourage the limitation and
restriction of development and use of real property through conservation easements; andWHEREAS, the Protected Property has not been subject to any extensive development,has historically been managed for the production of timber, and in its present conditioncontributes substantially to the economic, environmental, and social well-being of the
region of the State of New York; andWHEREAS, the Grantor and Grantee recognize that economic uses, primarily relating tocommercial production of sawlogs and fiber; maintenance of environmental health; and
ongoing recreational use by the public are substantially compatible multiple uses of the
Protected Property; andWHEREAS, the Protected Property is an intact, undeveloped landscape that is a mosaic of
spruce-fir and northern hardwood forests, numerous and extensive wetlands, and naturally
flowing rivers and streams that harbor significant biological diversity and provide
important and diverse habitat for wildlife, plants, and ecosystems; andWHEREAS, in view of the foregoing and pursuant to the provisions of the aforementioned
Article 49 of the Environmental Conservation Law, the Grantee has determined it to be
desirable and beneficial and has requested the Grantor, for itself and its successors and
assigns, to grant a Conservation Easement to the Grantee in order to limit the future
development of the Protected Property while encouraging compatible uses consistent with
the statement of purposes of the grant below;
2NOW THEREFORE, for and in consideration of lawful money
of the United States paid by the Grantee, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, conveys and releases to the Grantee and its successors forever for the benefit of the Grantee, a
Conservation Easement in perpetuity in, on, over, under, and upon the Protected Property
consisting of entry, inspection, limited public recreational access and use, and
relinquishment of certain development and use rights, all as hereinafter more fully described. The Grantor, however, reserves to itself and its successors and assigns the rights
hereinafter more fully set forth in the Section captioned RESERVED RIGHTS along with
all rights as fee owner, including the right to use the Protected Property for all purposes not
inconsistent with this Conservation Easement.
PURPOSE OF THE GRANTGrantor, its agents, assigns and successors-in-interest, and Grantee acknowledge thePurposes of this Conservation Easement are:1). To encourage the long-term, professional management of forest resources and to
conserve those productive resources on the Protected Property, and to facilitate
biologically and economically sustainable production and harvesting of forest resources.2). To protect in perpetuity the conservation values of the Protected Property, including
native flora and fauna and the ecological processes that support them, diverse forest types
and conditions, soil productivity, biological diversity, water quality, wetlands, riparian and
aquatic habitats, and scenic values; and to prevent any use of the Protected Property that
will significantly impair or interfere with these conservation values.3). To provide opportunities for public recreation in a manner that is consistent with the
forest management and resource conservation purposes outlined above.DEFINITIONSAs used in this Conservation Easement, the following terms shall have the followingdefinitions:1). “Motor Vehicle” means any vehicle that is propelled by any power other than muscular
power, provided that motor vehicle does not include snowmobiles, all terrain vehicles, or
mechanized aids for persons with disabilities.2). “Snowmobile” means a self-propelled vehicle designed for traveling on snow or ice,
steered by skis, runners, or tracks and supported in whole or part by one or more skis,
cleats, or tracks.3). “All terrain vehicle” means any self-propelled, motorized vehicle which is
manufactured for sale for operation primarily on off-highway trails or off-highway
competitions and only incidentally operated on public highways providing that such
vehicle does not exceed seventy inches in width, or one thousand pounds dry weight.4). “Mechanized aid for persons with disabilities” means a mobility assistance device,
powered by muscular or electrical means, that is specifically designed to transport a person
with a disability, provided that such devices do not include snowmobiles or all terrain
vehicles.5). “Forestry use structure” means any non-residential barn, shed, garage, or administrative
building directly and customarily associated with forestry use.
3AFFIRMATIVE RIGHTS The parties, their assigns and successors-in-interest, agree that
the following Affirmative Rights shall apply to the Protected Property:1). Right to View. The Grantor grants to the Grantee, its successors and assigns, the right
to view the Protected Property in its condition as described in the Report of Physical
Inspection, subject to the effects of natural forces and exercise of Grantor’s Reserved
Rights.2). Public Recreation Use. The Grantor grants to the Grantee, its successors and assigns,
rights of public access for recreational purposes over “Parcel W”, as depicted on the map
of the Protected Property, said recreation rights shall include the following:(a). Public access is permitted by foot, bicycle or other non-motorized means,
including hiking, snowshoes, cross-country skiing, mechanized aids for persons with
disabilities, and/or horseback. The use of horses or other similar animals for riding or
transportation of supplies is permitted.(b). Public access is permitted by canoe or other non-motorized waterborne travel
by the public on streams or bodies of water crossing or situated on the Protected Property.(c). The right: to construct and maintain new trails for foot, bicycle, horseback, or
similar non-motorized means of travel by the public; to construct and maintain new
parking lots; to construct, use, repair, maintain, improve, demolish, replace, expand or
extend lean-tos, cabins or other structures designed to facilitate public recreation and
Grantee’s management of the Protected Property; to manage the fish and wildlife resources
on the Protected Property in accordance with generally accepted standards for the long
term use and benefit of the public; and to construct and maintain new motorized access
corridors in addition to those which may already exist on the Protected Property, provided
that such trails, parking lots, lean-tos, cabins, structures, fish and wildlife management
activities, or roads do not interfere with the Grantor’s Reserved Right to conduct forest
management activities and are provided for in Grantee’s Public Recreation Plan or have
been otherwise approved in writing by Grantor. Such approval shall not be unreasonably
withheld. The Grantee may install trail signage designating the specific types of motorized
and/or non-motorized recreational uses that are allowable on each designated trail. Any
timber removed by the construction of these roads, trails or parking lots shall belong to the
Grantor.(d). Camping by the public is permitted in the same manner as is provided for in
regulations governing State Forest lands, as such regulations may be revised over time.(e). On-site use of firewood by the public is permitted to build fires for cooking,
warmth, or smudge, provided that firewood may be gathered from dead and downed trees
only. Open fires will be regulated in the same manner as on other State Forest lands.(f). Hunting, fishing, and trapping by the public is permitted in accordance with
established New York State seasons, applicable rules and regulations and the RESERVEDRIGHTS section of this Conservation Easement.3). Public Recreation Plan. As set forth in the TERMS AND CONDITIONS Section of this
Conservation Easement, Grantee will prepare a Public Recreation Plan, which will address
the allowed uses by the public of the Protected Property. Such plan shall incorporate only
4the rights and privileges herein granted to the public unless others are agreed upon by the
Grantee and Grantor.4). Public Motorized Access. The Grantor grants to the Grantee public access over
specifically designated Motorized Access Corridors by motor vehicle or other means
provided that such motorized corridors are depicted on the Map of the Protected Property
or otherwise approved by Grantor. As used herein, the term “motorized access” includes
access by motor vehicle and snowmobile, but does not include all terrain vehicles. Only
those Motorized Access Corridors which have been designated in the Public Recreation
Plan and which have been specifically marked for the type of motorized vehicular travel
permitted shall be available for public recreational vehicles. The Grantee is responsible for
all necessary signs indicating the specific corridors which may be opened for public
motorized access and the type of motorized access (e.g. motor vehicle, snowmobile, etc.)
permitted upon said specific corridors. Notwithstanding the foregoing, prior to the
adoption of the Public Recreation Plan the public may use Rifle Season Primary Access
Corridors, Primary Access Corridors, and Primary Snowmobile Trail Corridors for
motorized and non-motorized access. The motorized public access provided herein is
subject to the RESERVED RIGHTS of Grantor, including the right to close motorized
access corridors to public use in the manner and for the reasons specifically provided for in
the RESERVED RIGHTS section of this Conservation Easement, as long as an acceptable
alternative route is available. The motorized public access provided herein is not intended
to result in the creation of public highways, as defined in the New York Vehicle and
Traffic Law, on the Protected Property. 5). Public Motorized Corridor Designations. Grantor and Grantee shall designate existing
and proposed roads and trails located upon the Protected Property into four categories:Rifle Season Primary Access Corridors, Primary Access Corridors, Primary Snowmobile
Trail Corridors, and Secondary Access Corridors. These categories are defined as follows:(a). Rifle Season Primary Access Corridors are defined as those Access Corridors whichare open year round for public motorized or non-motorized access, including for the
purpose of providing access to adjoining state lands and to those parcels, identified on the
Map of the Protected Property, that are immediately open to public hunting including
during the period of the next to the last Saturday in October through the first Sunday in
December. Until December 31, 2016, during the period of the next to the last Saturday in
October through the first Sunday in December, the Rifle Season Primary Access Corridors will be the only access corridors open to the public on the Protected Property. The Grantor
may not close these travel corridors for any purpose. These corridors may only be closed
by Grantee. These corridors will become Primary Access Corridors following the expiration of the reserved hunting rights period on December 31,2016.(b). Primary Access Corridors are defined as those access corridors open for public
motorized or non-motorized access necessary to assure administrative and public access to
areas having public recreational value, to assure access to adjoining lands owned or later
acquired by Grantee, to assure reciprocal access to both Grantor and Grantee to the
Protected Property to further the objectives of this Conservation Easement, and to provide
public access to adjoining lands of the Grantee.
5(i). These travel corridors may not be closed by Grantor except to maintain the structural
integrity of the access corridor whenever it is adversely affected by weather conditions.
The roads to be closed under this provision and the duration of said closure shall be
mutually agreed upon by Grantor and Grantee.(ii). Until December 31, 2016, Primary Access Corridors may be closed by theGrantor during the period of the next to the last Saturday in October through the first
Sunday in December or as otherwise set forth in the Public Recreation Plan. Following the
expiration of the reserved hunting rights period on December 31, 2016, these Primary
Access Corridors may be open year round subject only to the Grantee’s discretion.(c). Primary Snowmobile Trail Corridors are defined as those Access Corridors which are
open to public snowmobile use from the first Monday after the first Sunday in December
through April 30th of each year. East of the East Branch of Fish Creek Corridor,
snowmobiles are the only allowed public use on the Primary Snowmobile Trail Corridors,
provided that other motor vehicles may be used for maintenance and grooming of such
trails. These corridors may only be closed by Grantee. In the event that portions of the
Snowmobile Trail Corridors need to be relocated due to timber harvesting activities, the
Grantee may allow closure of those portions where the Grantor has provided an alternative
route acceptable to the Grantee.(d). Secondary Access Corridors are defined as those Access Corridors open for public
motorized or non-motorized access which may be necessary for Grantee and the public to
obtain full benefit of the recreational rights granted herein. The designation of such
corridors shall be incorporated into the Public Recreation Plan or otherwise approved in
writing by the Grantor, provided that such approval shall not be unreasonably withheld.
Secondary Access Corridors may be closed to public recreational access by the Grantor
upon a showing by Grantor that closure is necessary to:(i). seasonably avoid damage to the road surface due to weather conditions which would
create such hazards as mud or ice; or(ii). avoid potential conflicts with forestry management activities including logging
operations. In order to effectuate a closing, Grantor must demonstrate that, where
practicable, an alternate route of a Secondary Access Corridor will be made available.(e). The closure of Secondary Access Corridors pursuant to this Section is not intended to
apply to closure of acreage generally, but only to the subject Secondary Access Corridor
itself. The right of Grantor to close certain acreage of the Protected Property during active
logging operations is limited as set forth in the TERMS AND CONDITIONS Section of
this Conservation Easement.(f). Primary and Secondary Access Corridors may be utilized by the Grantee’s employees,
agents, contractors, etc. for administrative purposes by means of motorized vehicle or any
other means the Grantee elects. This right is not subject to the requirement that a particular
corridor be marked for use by a specific type of motorized access.(g). The designation of Rifle Season Primary Access Corridors, Primary AccessCorridors, and Primary Snowmobile Trail Corridors shall be set forth on the Map of theProtected Property and may be amended in the Public Recreation Plan as new roads and
trails are constructed or as Grantor and Grantee agree to otherwise redesignate existing
roads and trails. The Secondary Access Corridors shall be designated in the Public
Recreation Plan.
66). Use of On-Site Gravel. The Grantor grants to the Grantee the right to utilize on site
gravel in order to meet its obligations to maintain existing roads that have been designated
as Motorized Access Corridors, as well as to develop parking lots and public recreational
access points that have been identified in the Public Recreation Plan.7). Emergency Actions. Grantor grants to Grantee, its successors and assigns, the right to
take any emergency action necessary to preserve the Protected Property and protect the
public health in response to natural disaster, environmental hazard, or threats to human
safety. To the extent practicable, the Grantor shall be immediately notified and consulted
with regard to any such emergency action.8). Right to Enter. The Grantor grants to the Grantee the right to enter the ProtectedProperty at all reasonable times and for the purpose of:(a). Inspecting the Protected Property to determine if the Grantor is complying with the
covenants and purposes of this Conservation Easement. (b). Enforcing the terms of the Conservation Easement.(c). Taking any and all legal actions with respect to the Protected Property as may be
necessary or appropriate to remedy or abate violations hereof.9). Limits on Public Access. The public access granted herein shall be limited byGrantor’s Reserved Rights to, among other things, conduct forest management activities
(including the designation of closure zones); maintain one residential structure per subdivided parcel as provided for in paragraph three (3) of the RESERVED RIGHTS
section of this Conservation Easement; lease reserved hunting and fishing camps as
provided for in paragraph four (4) and five (5) of the RESERVED RIGHTS section of this
Conservation Easement; and to exercise and lease exclusive hunting rights as provided for
in paragraph six (6) of the RESERVED RIGHTS section of this Conservation Easement.10). Keys. Grantor shall provide Grantee with all keys to all gates erected on theProtected Property for the purpose of access by Grantee for administrative and
enforcement purposes related to this Conservation Easement.11). Limitations. Nothing contained in this Section shall be construed as a limitation on
any Reserved Rights of Grantor.DECLARATION OF RESTRICTIONSGrantor grants to the Grantee the right to protect the Protected Property in accordance with
the terms set forth in this Conservation Easement. The parties, their assigns and
Successors-in-interest, agree that the following restrictions shall apply to the Protected Property in perpetuity:1). Forest Management. No Forest Management Activities shall be permitted except as
provided for in the RESERVED RIGHTS and TERMS AND CONDITIONS Sections
hereof.2). Structures. No structures shall be constructed or placed in, on, over, under or upon the
Protected Property except as otherwise provided in this Conservation Easement. For the
purposes of this Conservation Easement, the term "structure" shall be defined as broadly as
possible, and shall include but not be limited to any building, facility, edifice, or man-made
development of any kind or nature, whether of a permanent or temporary nature, including
but not limited to any residence, commercial or industrial building, tower, mobile home,
bridge, dock, utility, pavilion, fence, sign, billboard or other advertising material, outhouse
and other sanitary facility, bunkhouse, lean-to, camp, or other structure. Both Grantor and
7Grantee may erect signs, gates, fences, or other barriers as may be necessary to carry out
their rights and obligations hereunder, provided that all signs, gates, fences, and barriers
installed by Grantor or Grantee shall conform to the Public Recreation Plan and the Forest
Management Plan.3). Subdivision. The Protected Property has been subdivided into two (2) parcels which are described in this paragraph and further generally shown on the Map of the ProtectedProperty:(a). Parcel E consisting of that portion of the Protected Property located east of the
corridor being acquired by Grantee in fee along the East Branch of Fish Creek; and(b). Parcel W consisting of that portion of the Protected Property located west of the
corridor being acquired by Grantee in fee along the East Branch of Fish Creek.These two parcels shall not be further subdivided, provided that Grantor shall have the right to subdivide any of the two parcels only for the sole purpose of conveying additional
lands to Grantee. The correction of a boundary line location, the maintenance of existing
recreational leases, or the creation of new leases shall not constitute a subdivision for
purposes of this provision.4). Chemical Applications. No application of chemicals, including but not limited to
pesticides, insecticides, fungicides, rodenticides, and herbicides, shall be allowed except as
provided in the TERMS AND CONDITIONS Section.5). Waste Disposal. No dumping or storing of ashes, sawdust, non-composted organic
waste (excepting organic logging debris), “offsite” sewage or garbage, scrap material,
sediment discharges, oil and its by-products, leached compounds, toxic fumes, or any other
unsightly or offensive material shall be allowed in, on, over, under or upon the Protected
Property, except as provided in the RESERVED RIGHTS Section.6). Motorized Vehicles. No motor vehicles, all terrain vehicles, or snowmobiles, including
off-road or off-trail use, shall be operated on the Protected Property by Grantor, its agents,
lessees, or assigns, except as they may be used to carry out forest management activities,
fire protection or other emergency needs, and for the furtherance of Grantor’s Reserved
Rights. This restriction does not impair the public access rights provided for herein, or
access rights enjoyed by Grantor as a member of the public, or any of Grantee’s access
rights described in this Conservation Easement.7). Exterior Lighting. No permanent exterior artificial illumination shall be employed on
the Protected Property without prior written consent of the Grantee, except as is reasonably
required for enjoyment of the Reserved Rights by the Grantor.8). Commercial Activities. No residential, commercial, agricultural, or industrial activities
of any kind shall be permitted on the Protected Property other than those specifically
provided for in this Conservation Easement.9). Utilities. Except as may be specifically permitted in the RESERVED RIGHTSSection or pursuant to Environmental Conservation Law Section 49-0307 or its successor,
no new telephone, telegraph, cable television, electric, gas, water or sewer, or other utility
lines shall be routed over, under, in, on, upon, or above the Protected Property.10). Mining. No mining will be conducted and no minerals, gas, or oil will be extracted from the Protected Property, except that the onsite use of gravel as provided for in theAFFIRMATIVE RIGHTS and RESERVED RIGHTS Sections of this Conservation
Easement will be permitted, subject to any applicable laws and governmental regulation.
811). Non-Native Species. No non-native species, defined as species which are not native to
the northeastern region of the United States, and no genetically modified or replicated
organisms, shall be planted, introduced, released, or broadcast by the Grantor on the
Protected Property unless such action has been approved in writing by the Grantee.12). Drainage. The Protected Property shall not be used in any way that adversely affects
drainage, flood control, water conservation, fish or wildlife habitat preservation, erosion
control, or soil conservation, except as hereinafter provided in the RESERVED RIGHTS
Section. No construction of dams or impoundments, manipulation of water levels in
streams, rivers or wetlands, or alterations of natural water courses shall be undertaken by
the Grantor on the Protected Property, unless such actions have been approved in writing
by Grantee.13). Roads. No existing roadway or driveway may be expanded or extended, nor any new
roadways or driveways constructed, on or in the Protected Property, except as provided in
the RESERVED RIGHTS, AFFIRMATIVE RIGHTS, and TERMS AND CONDITIONSSections.14). Covenant. In addition to covenants to refrain from the foregoing prohibited activities,
Grantor covenants that the Protected Property will be used in a way that is consistent with
the Purposes of this Conservation Easement.15). Laws. Any new land use, subdivision, construction, and development permitted under
this Conservation Easement must comply with all applicable local, state and/or federal
laws, and the regulations promulgated thereunder.RESERVED RIGHTSNotwithstanding the foregoing, the Grantor reserves to itself, its successors, lessees,
invitees, contractors, agents, and assigns the following rights with regard to the ProtectedProperty:1). Use. Grantor reserves the right to perform any act not specifically prohibited or
restricted by this Conservation Easement including all rights as fee owner to the Protected
Property, and the right to use the Protected Property for all purposes not inconsistent with
this Conservation Easement.2). Reserved Right for Forest Management. Grantor reserves the right to conduct all
accepted forest management activities allowable under the law including commercial
activities related to the harvesting and management of timber and other forest products,
provided that such forest management is in compliance with the provisions of this
Conservation Easement.3). Residential Structures. Upon each of the two subdivided parcels (Parcel E and ParcelW), the Grantor, its successors and assigns may construct, occupy, use, repair, maintain,
and improve one residential structure having a maximum of three thousand (3,000) square
feet devoted to primary dwelling space, plus additional non-resident structures devoted to
care and maintenance of the primary structure and the property. The structures which are
developed herein shall be built within a five acre envelope. No structure shall be located
within one hundred (100) feet of a wetland or stream.The Grantor reserves the right to exclude from the public recreation rights provided for
herein, including the right to post such areas as restricted from public use, a five (5) acre
area surrounding each of the allowed residential structures. The five acre area surrounding
each residential structure shall not be configured in a manner which restricts access on
roads or trails which would otherwise be available to the Grantee. The location of the
9allowed structures and the five acre area surrounding each structure shall be agreed upon
by the Grantor and the Grantee. The final location shall be subject to the approval of the
Grantee, which approval shall not be unreasonably withheld. This reservation shall include
motorized access to allowed residential structures by the most direct, practical route.4). Recreational Lease Structures. Until December 31, 2016, the Grantor reserves the exclusive right to occupy, let, use, repair, maintain, improve, demolish, replace (such.11
replacements shall not exceed the size of the original structure, or shall not exceed one
thousand (1,000) square feet primary dwelling space, whichever is larger), abandon, and
vacate the twenty-two (22) “hunting, fishing and outdoor recreation camps” which are
currently situated on the Protected Property (or moved to the Protected Property from the
fee corridor along ). “Hunting, fishing, and outdoor recreation camps” shall be
defined as existing structures, including associated outbuildings, located on the Protected
Property for hunting, fishing, and outdoor recreational purposes pursuant to leases granted
by the Grantor. This reservation shall include motorized access to such structures by the
most practical direct route and five (5) acres of land surrounding each hunting, fishing and
recreation camp. Until December 31, 2007, Grantor may allow hunting, fishing, and
outdoor recreation camps currently located on the land to be acquired in fee by the Grantee
to be relocated to the Protected Property, at a site mutually agreed to by Grantor and the
Grantee, which agreement shall not be unreasonably withheld.
5). Recreational Lease Structures. After December 31, 2016, the Grantor reserves theexclusive right to occupy, let, use, repair, maintain, improve, demolish, replace, abandon,
and vacate fifteen (15) hunting, fishing and recreation camps. Each such camp shall not
exceed one thousand (1,000) square feet of primary dwelling space, except that any camps
existing at such date that are larger than 1,000 square feet of primary dwelling space may
be maintained but not expanded. It shall be the responsibility of the Grantor to remove the
seven (7) “hunting, fishing and outdoor recreation camps” that must be removed after
December 31, 2016. Removal of camps, including any refuse on the Protected Property at
that time, shall be completed no later than September 1, 2017 and can be accomplished by
burning and burying the rubble subject to existing laws and regulations.Grantor further reserves the right to exclude from the public recreation rights provided for
herein, including the right to post such areas as restricted from public use, a five (5) acre
area surrounding each of the hunting, fishing, and outdoor recreation camps reserved herein. The five acre area surrounding each camp shall not be configured in a manner
which restricts access on roads or trails which would otherwise be available to the Grantee.
The approximate location of the final fifteen (15) camps and the five acre area surrounding
each structure shall be agreed upon by the Grantor and the Grantee. The final location of
any structure shall not be allowed within one hundred (100) feet of a wetland or stream and
shall be subject to approval of the Grantee, which approval shall not be unreasonably
withheld. In cases where multiple Hunting, Fishing, and Outdoor Recreation Camps are
located in close proximity to each other, a common area equal to five (5) acres per Camp
may be excluded from public use under the terms of this paragraph. This reservation shall
include the right of motorized access to said five (5) acre parcel by the most practical direct
route. Lessees of hunting, fishing and outdoor recreation camps as well as invitees of the
Grantor can only recreate on the Protected Property subject to the same opportunities
provided for the public, notwithstanding their exclusive rights on the five acre hunting,
fishing and outdoor recreation sites, and not withstanding their rights to use ATV’s and
10other motor vehicles during the hunting season as referenced in Paragraph six (6) below. If
either Parcel “E” or Parcel “W”, as depicted on the Map of the Protected Property, is
separately conveyed, the Grantor shall, as a part of the conveyance process, apportion the
right to maintain fifteen (15) “hunting, fishing, and outdoor recreation camps” among the
two parcels. Any relocated hunting, fishing, and outdoor recreation camp must be
constructed and located in a manner which is in full compliance with federal, state and
local laws and regulations. All other provisions of this Conservation Easement shall govern
the use and occupancy of the relocated hunting, fishing, and outdoor recreation camps.6). Hunting Rights on Parcel “W”.(a). On those three tracts of land within Parcel “W”, depicted on the Map of theProtected Property as “Unleased Hunting Areas”, the public shall have immediate hunting
rights in accordance with established New York State seasons.(b). On the entire remainder of Parcel “W”, the Grantor reserves during the period ofSeptember 1 through and including December 31 of each year of the period 2002 through
2016 the exclusive right to hunt, including the right to use all terrain vehicles (ATV’s)
associated with hunting use, subject to applicable laws and regulations, including the
exclusive right to post all hunting boundaries consistent with the hunting rights reserved
herein and the applicable posting laws. During the period beginning on the next to the last
Saturday in October and running through the first Sunday in December, any and all public
use of the specific parcels, with the exception of roads or trails designated as Rifle Season
Primary Access Corridors, may be prohibited for the years 2002 through and including the
year 2016. Outside the period of the next to last Saturday in October through the first
Sunday in December, lessees of hunting, fishing, and outdoor recreation camps as well as
invitees of the Grantor can only recreate on Parcel “W” subject to the same opportunities
provided for the public, notwithstanding their exclusive rights on the five acre hunting,
fishing and outdoor recreation sites.(c). After January 1, 2017, hunting by the public is permitted on the entire Parcel “W” in
accordance with established New York State seasons, applicable rules and regulations, with the exception of the five (5) acre exclusion areas surrounding each allowed hunting,
fishing, and outdoor recreation camp as set forth in paragraph 5 above and each allowed
residential structure as set forth in paragraph 3 above. After such date, the right of lessees of hunting, fishing, and outdoor recreation camps, as well as invitees of the Grantor, to
undertake hunting, fishing, and public recreation activities on Parcel “W”, including the
right to use motor vehicles, snowmobiles, and all terrain vehicles, shall be limited to the
same opportunities provided to the public as set forth in the Public Recreation Plan.7). Trails and Roadways. The Grantor reserves the right to use, repair, maintain, improve,
correct, upgrade, or otherwise relocate any and all existing forest management roads, and
associated bridges and culverts. The location of such existing forest management roads
shall be delineated in the Report of Physical Inspection. The Grantor also reserves the right
to construct new forest management roads subject to the TERMS AND CONDITIONS
Section of this Conservation Easement. Grantor further reserves the right, at its discretion,
to grant temporary permission to adjoining landowners to use forest management roads on
the Protected Property for access to said adjoining lands. Said rights shall also include the
right of Grantor to work with adjoining landowners in granting reciprocal rights of ingress
and egress for the exclusive purpose of forest management activities and the hauling of
forest products. Any usage of trails and roadways on the Protected Property pursuant to
11such temporary permission shall be considered usage by the Grantor. Grantor shall notify
Grantee prior to exercising this Reserved Right.8). Gates. Grantor reserves the right to install gates or other barriers and otherwise prohibit
motorized public access to any roads over which the public has not been granted a right of
use pursuant to this Conservation Easement. New roads and trails, including their specific
uses, can be made available to the public only through revision of the Public Recreation
Plan. In the event that the Grantor installs any gates on the Protected Property where
permitted, the Grantee shall be given a key for all locks for all gates for administrative use
by the Grantee, its officers, employees, and agents.9). Gravel Mining. The Grantor reserves the right to utilize on-site gravel in furtherance of
Grantor’s Reserved Rights under this Conservation Easement. All such gravel or borrow
pits located on the Protected Property shall be maintained in such a way as to minimize the
adverse effects of open pit mining and shall be operated in accordance with all applicable
laws and regulations. No new gravel pits may be located within the two hundred (200) foot
Buffer Areas as described in this Conservation Easement or within two hundred (200) feet
of any state or local highway.10). Cutting of Vegetation. Grantor reserves the right to trim, cut, remove, use for
firewood, or otherwise dispose of any trees or vegetation that: are diseased, rotten,
damaged or fallen; are safety or health hazards; or must be removed to maintain existing
fire lanes, footpaths, roadways, and utility rights-of-ways.11). Emergency Actions. Grantor reserves the right to take emergency action to preserve
and protect Grantor’s RESERVED RIGHTS in response to natural disaster, environmental
hazards, or threats to human safety. The Grantee shall be immediately notified and
consulted relative to any such emergency action.12). Recreational Uses. Grantor reserves the right to use the recreational rights under the
same guidelines and restrictions as the public.13). Conveyance or Encumbrance. Grantor reserves the right to give, sell, assign, lease,
mortgage, or otherwise transfer the Protected Property, or a subdivided parcel thereof
subject to the terms and conditions set forth in this Conservation Easement, by operation of
law, by deed, or by indenture, subject and subordinate to the terms, conditions, and
restrictions of this Conservation Easement.TERMS AND CONDITIONSThe parties, their assigns and successors-in-interest, agree that the following terms and
conditions shall apply to the Protected Property:1). Forest Management Activities. Grantor reserves the right to conduct forest management
activities, including commercial activities related to the harvesting and management of
timber and other forest products, provided that such forest management: is in compliance
with the terms of this Conservation Easement; is in accordance with sound and generally
accepted silvicultural standards at the time of harvest; follows a written Forest
Management Plan; and is conducted under the supervision of a professional forester
possessing a bachelor of science degree in forestry from an educational institution with a
forestry curriculum accredited by the Society of American Foresters or other comparable
educational standards that may be agreed to by Grantee and Grantor. All harvesting and
related activities shall be conducted in accordance with any applicable laws or rules and
regulations of any governmental agency having jurisdiction over such activities and the
Environmental Conservation Law.
122). Definitions. For the purposes of this Conservation Easement, the following definitions
shall apply to the forest management activities allowed herein:(a). The term “forest management” shall mean the management of the Protected Property
for forest products including: commercial forest management and harvesting operations
(including but not limited to the removal of forest products such as trees, logs, poles, posts,
pulpwood, firewood, chips, seeds, pinestraw, stumps, seed cones, shrubs, lesser vegetation,
and all sugar maple products); planting of trees in non-forested areas; reforesting, planting,
growing, and harvesting forest products and other vegetation; clearing or restoring forest
cover damaged or destroyed by fire, water, or natural disaster; selectively pruning or
trimming trees, foliage, and other vegetation; harvesting forest products with mechanical
equipment and/or with domestic animals; clearing areas necessary for the construction of
permitted structures; and maintaining existing fields, meadows, roads, trails, and landings,
including the use of culverts, fences, and barriers; and the application of herbicides,
pesticides, fungicides, rodenticides, insecticides, fertilizer, and pH control. “Forest
management” shall also include cutting and removal of trees from the growing site, and the
attendant operation of mobile or portable sawmills or chippers, and of cutting, forwarding,
and skidding machinery or such future equipment or technology as shall perform the same
or similar tasks, including the creation and use of skid trails, skid roads, and winter haul
roads, including associated bridges, culverts, and log yards.(b). A “clearcut” has occurred when immediately after a timber harvest, including the application of herbicides, on a forested site on the Protected Property greater than two (2)
acres, either of the following two conditions exist: (i) the average residual basal area of live
trees over one (1) inch in diameter, measured at four and one half (4.5) feet above ground,
is less than thirty (30) square feet per acre, or (ii) the average residual basal area of live
trees over six (6) inches in diameter, measured at four and one half (4.5) feet above
ground, is less than ten (10) square feet per acre. This definition of a clearcut may be
modified by mutual written agreement of Grantor and Grantee.(c). The term “plantation” or “plantation forestry” shall mean a forest stand raised
artificially, either by sowing or planting.3). Forest Management Objectives. All forest management activities undertaken on theProtected Property shall be guided by the following objectives:(a). Maintaining ecologically healthy and diverse northern hardwood forests, spruce–
northern hardwood forests, and associated forest communities comprised of native tree
species including red spruce, sugar maple, black cherry, beech, yellow birch, red maple,
hemlock, balsam fir, white ash, and other native hardwood and softwood species; and
maintaining or creating a balanced forest age class distribution across even-aged stands, or
at the Grantor’s discretion maintaining uneven-aged stands.(b). Allowing the Protected Property to be managed as an economically viable investment,
including acceptable periodic investment returns in perpetuity; enhancing the overall
quality of the timber resource with an emphasis on managing forest stands to maximize the
opportunity for sustainable harvesting of high quality sawtimber; assuring regeneration of
the forest in both sufficient quantity and quality; and creating an even flow of forest
products from the Protected Property.(c). Maintaining biological diversity, native plant and animal species, and the ecological
processes that support them.(d). Employing silvicultural best management practices, as set forth in “New York State
13Forestry Best Management Practices for Water Quality – BMP Field Guide (New York
State Department of Environmental Conservation, January 2000)” and its successors, to
maintain soil productivity, prevent erosion, protect or enhance water quality, conserve
wetlands and riparian zones, and conserve scenic qualities.(e). Undertaking forest management activities in a manner that is consistent with allowing
opportunities for public and private recreation on the Protected Property.4). Forest Management Plan. The Forest Management Plan, required in paragraph 1 above,
shall be written to cover a period of at least ten (10) years and shall include, as aminimum:(a). A statement of Grantor’s forest management goals and objectives;(b). Forest stand descriptions and locations at a forest stand level feasible for operations
pursuant to this Conservation Easement, including species composition, stocking levels,
site classes, age classes or age class structure, and volumes and, where available, soil types;(c). An identification of which forest stands shall be managed as: even-aged; two-aged;and/or uneven-aged:(i). “Even-aged stand” means a stand of trees composed of a single age class in which the
range of tree ages is usually plus or minus twenty percent of the rotation length;(ii). “Two-aged stand” means a stand of trees with two distinct age classes separated in age
by more than plus or minus twenty percent of rotation length;(iii). “Uneven-aged stand” means a stand of trees with three of more distinct age classes,
either intimately mixed or in small groups; and(iv). Within uneven-aged stands, at least three distinct age classes shall be maintained. The
rotation length of even-aged and two-aged stands shall be defined, and a balanced age class
distribution shall be maintained across such stands. “Age class distribution” means the
location or proportionate representation of different age classes in a forest. For the purpose
of assessing age class distribution, each two-aged stand will be assigned an age class as
follows: whichever age class contains the highest basal area shall determine the age class
of that stand. It is recognized that, at the time of recording of this Conservation Easement,
the Protected Property does not contain this type of forest stand distribution, but the Forest Management Plan must demonstrate how this distribution shall be achieved;(d). A forest type map showing predominant topographic and hydrographic features, forest
stands, existing roads, the approximate location of proposed future roads such as they
might be anticipated at the time the Forest Management Plan is written, other
improvements, scale, and north arrow;(e). An outline of a pre-harvest planning process that includes, but is not limited to:(i). A description of the silvicultural goals and options to be used, by forest type;(ii). If the harvest is a regeneration cut, regeneration standards to be followed, by forest
type;(iii). The methodology for determining the appropriate silvicultural prescription for
harvesting/silvicultural activity to be conducted; and(iv). A description of the detailed silvicultural standards being used to develop
prescriptions for all silvicultural treatments, including intermediate stand improvements,
periodic thinning harvests, and regeneration harvests. Such standards shall be based on
current generally accepted silvicultural standards as they evolve over time;
14(f). Strategies to identify and conserve threatened or endangered species, unique habitats,
cultural and archaeological sites, and forested wetland and streamside buffers, including a
description and map of such feature; and.17(g). A description of management actions to be employed to accomplish the stated
management objectives.5). Updates to the Forest Management Plan. The Forest Management Plan shall be updated
no later than at five (5) year intervals, with each updated plan also covering a period of at
least ten (10) years. The first plan update shall be completed within five (5) years of the
completion of the initial plan.6). Forest Management Plan Approval and Annual Meeting.(a). As a condition to exercising its Reserved Right to harvest timber, within eighteen(18) months from the date this instrument is recorded in the Office of the Lewis County
Clerk, the Grantor shall submit the Forest Management Plan to Grantee for review and
approval as to compliance with the terms of this Conservation Easement. Prior to the
development of such plan, Grantor and Grantee shall meet to share information relevant to
the planning process. Upon receiving Grantor’s Forest Management Plan, Grantee shall have ninety (90) days to complete its review. These requirements, including Grantee’s
review and approval, shall also apply to the periodic updates to the Forest Management
Plan required to be submitted by the Grantor at no later than five-year intervals. Such
approvals shall not be unreasonably withheld. (b). Prior to completion of an approved
Forest Management Plan, Grantor may prepare a Schedule of Operations, or Interim Plan,
for approval by Grantee to implement scheduled forestry operations. Such approval shall
not be unreasonably withheld. (c). On an annual basis, or more frequently if both parties agree, the Grantor and Grantee
shall meet to review activities completed in the previous year, and to review proposed
annual work plans for the upcoming year, including proposed harvesting operations and
any activities that require the Grantee’s review and approval. During the annual meeting,
Grantor and Grantee shall review annual harvesting and work plans to assure consistency
with the long-term management objectives set forth in the Forest Management Plan.(d). Grantor and Grantee consider the Forest Management Plan, the updates thereof, andany and all correspondence, memoranda, or records relating thereto, to be confidential.
They reserve the right under New York Freedom of Information Law (Article 6 of the
Public Officers Law), upon acquisition by New York State, to designate in writing such
documents, or parts thereof, as material exempt from disclosure pursuant to Public Officers
Law sections 87(2)(d) and 89(5), or their successors in law.7). Harvesting Restrictions. The following harvesting restrictions apply to the ProtectedProperty:(a). Prior to any harvest, Grantor shall complete an analysis of the area to be harvested and
shall develop a silvicultural prescription and cutting plan consistent with the ForestManagement Plan required under paragraph 4 above.(b). All forest management and harvesting activities on the Protected Property must meet
or exceed currently accepted silvicultural best management practices, as set forth in “New
York State Forestry Best Management Practices for Water Quality – BMP Field Guide
(New York State Department of Environmental Conservation, January 2000),” and its
successors.
15(c). Plantation forestry practices are prohibited, unless such practices have been approved
by Grantee in the Forest Management Plan for application in forest stands where
environmental conditions have prevented sufficient natural regeneration.(d). Except as provided herein, clearcuts in excess of twenty-five (25) acres are prohibited.
Clearcuts may exceed twenty-five (25) acres in size upon written approval of the Grantee
and only to salvage dead and dying timber in the event of a blowdown, fire, disease, insect
infestation or other natural disaster. Any clearcutting must be consistent with generally
accepted silvicultural guidelines and in compliance with applicable laws and regulations.(e). Highgrading harvest practices are prohibited. The term “highgrading” means the removal of only certain species above a certain size or of high value, leaving residual
stands composed of trees of poor condition or species composition, through which the
forest may become depleted over time of the best genetic growing stock.8). Forest Management Buffer Areas. The following forest management buffer areas shall
apply to the Protected Property.(a). Two Hundred Feet (200’) Buffer Areas: The areas, the approximate location of which
is depicted on the Map of the Protected Property, identify land within 200 feet of the
normal high water mark of the East and West Forks of the Salmon River and the wetlands
identified as Page Brook Wetland and Upper Pringle Creek Wetland. Notwithstanding
anything to the contrary, within these identified Buffer Areas:(i). No timber harvesting will be allowed by the Grantor;(ii). No new buildings may be constructed and any camps/buildings currently within these
Buffer Areas must be removed within fifteen (15) years of the execution of this agreement;(iii). Existing roads may be maintained through these Buffer Areas, but no new road
occurrences/crossings shall be constructed; and(iv). Trees may be cut/harvested by the Grantee only to: provide for recreational access;
control insect infestations or disease; reduce the risk of fire from excessive fuel loading; or
conserve threatened or endangered species, unique habitats, or cultural and archeological
sites.(b). Streams, Rivers and Wetland Buffer Areas: For areas along streams, rivers and wetlands not otherwise within the 200 foot buffer areas identified on the Map of the
Protected Property, forest management activities must meet or exceed the currently
accepted silvicultural best management practices, as set forth in “New York State Forestry
Best Management Practices for Water Quality – BMP Field Guide (New York State
Department of Environmental Conservation, January 2000)”, or its successors.9). Roads and Trails. Grantor shall have the right to maintain, repair, and replace existing
forest management roads and associated bridges and culverts on the Protected Property.
The location of such existing forest management roads shall be delineated in the Report of
Physical Inspection. Grantor shall also have the right to construct new forest management
roads, permanent and temporary bridges, and associated improvements, provided that such new construction is limited to roads that are necessary to harvest timber on the Protected
Property, and further provided that the approximate location of any new road shall have
been provided for in the Forest Management Plan, or otherwise approved in writing by the
Grantee. These provisions shall not apply to the establishment and use of temporary skid trails, which shall be permitted without prior approval of the Grantee. The siting,
construction, and maintenance of new and existing roads, associated improvements, and
skid trails must meet or exceed silvicultural best management practices, as set forth in
16“New York State Forestry Best Management Practices for Water Quality – BMP Field
Guide (New York State Department ofEnvironmental Conservation, January 2000)” and its successors.10). Landings. No new landings may be located within two hundred (200) feet of anywaterbody or wetland unless approved in writing by the Grantee. Any grading or change in
topography necessary for landings shall blend into the natural topography of the Protected
Property, shall control erosion, and shall be limited to the absolute minimum necessary for
the uses permitted under this Conservation Easement. Landings may not exceed three (3)
acres in size and must be graded within a reasonable time following active use to stabilize
soil and encourage plant growth.11). Chemical Treatments. No chemicals, including herbicides, pesticides, insecticides,
fungicides, or rodenticides, shall be used on the Protected Property except:(a). To control a pest or disease outbreak that poses a threat to the health of the forests or
forest economy of the Tug Hill region, or which poses a threat to Grantor’s investment in
theProtected Property;(b). To control non-native or invasive species; or(c). To implement silvicultural uses of an herbicide.All such chemical applications shall be consistent with applicable statutes and regulations,
shall where practicable utilize the narrowest spectrum, least persistent chemicals available,
and shall be approved in the Forest Management Plan or otherwise approved in writing by
the Grantee.12). Forestry Use Structures. The Grantor reserves the right to construct, install, or place
new forestry use structures customarily incidental and subordinate to forestry use
activities, provided any such structures are specified in the Forest Management Plan or
otherwise agreed upon by Grantor and Grantee. Any such structures are subject to review
and approval pursuant to all laws and regulations applicable at that time by those
regulatory agencies vested with such jurisdictional authority. Any new forestry use
structures shall be located, to the extent reasonably practicable, in a manner so as not to be
visible from motorized public access corridors.13). Logging Operation Closure Zones. Grantor may prohibit or otherwise restrict public
access to limited areas of the Protected Property that are being actively logged by
designating the active logging areas a “Logging Operation Closure Zone.” The restriction
upon public access to such Logging Operation Closure Zone shall be limited to those areas
being actively logged and shall be effective only for those periods during which the area is
being actively logged and, unless mutually agreed upon by the parties, any such closure
shall not exceed twenty four (24) months in duration nor include more than ten percent
(10%) of the Protected Property. No closure or other access restriction implemented
pursuant to this provision shall apply to corridors designated as Primary on the map of the
Protected Property or in the Public Recreation Plan. The closure rights set forth herein with
regard to the public and its exercise of recreational use are intended to apply both to
motorized and non-motorized access, subject to the exemption from closure of any corridor
designated as a Primary Access Corridor. Grantor shall inform Grantee of proposed
Logging Operation Closure Zones in writing no less than thirty (30) days prior to closure
and Grantor shall use all best efforts to predict future Logging Operation Closure Zones in
17the Forest Management Plan or at annual work plan meetings. Grantor shall be responsible
for the posting and marking of areas subject to closure under this provision.14). Public Recreation Plan. Grantee will prepare a Public Recreation Plan that shall be
subject to review and approval by Grantor as to compliance with the terms of this
Conservation Easement, which approval shall not be unreasonably withheld. The Public
Recreation Plan may be periodically revised, provided that such revisions are subject to
review and approval by the Grantor. Said Public Recreation Plan, which will address the
proposed use by the public of the Protected Property, shall incorporate only the rights and
privileges herein granted to the public unless others are agreed upon by the Grantee and
Grantor. At any time, the Grantor may request a meeting with the Grantee to discuss public
uses on the Protected Property that are not authorized in this Conservation Easement or in
the Public Recreation Plan, along with strategies that may be implemented by the Grantor
or Grantee to address such unauthorized uses.15). Road Maintenance. The Grantor and the Grantee acknowledge the value of the present
primary and secondary road and trail systems located on the Protected Property and will
accordingly undertake good faith efforts to preserve and maintain the integrity of the road
and trail systems upon the Protected Property. Each party at its sole expense may maintain,
repair, correct, upgrade or otherwise improve those roads and trails over which it has the
right of use. The Grantor shall have the duty and responsibility to repair and correct at the
Grantor’s expense damages caused to these roads and trails by the Grantor, its invitees, licensees, guests, lessees, officers, employees, agents or contractors. The Grantee shall
have the duty and responsibility to repair and correct at the Grantee’s expense, and subject
to the availability of funds, damages to those portions of the roads and trails to which it
and the public have the right of use caused either by the public’s recreational use of the
Protected Property or directly by Grantee, it’s invitees, guests, officers, employees, agents
and contractors. If funding by the Grantee is not available for such work, (i) the Grantee
and the Grantor may mutually agree to close said roads to public use until such repairs are
made; or (ii) the Grantor may undertake the work with said road or trail closed to public
access until Grantee reimburses Grantor, said reimbursement may be in the form of
comparable road and/or trail work mutually agreed to by the parties elsewhere on the Protected Property. The parties may mutually agree to temporarily close any road or trail
or portion thereof to protect the public or to protect the structural integrity of the road or
trail. The parties may mutually agree to abandon any road or trail or portion thereof located
on the Protected Property, but any abandonment shall not preclude the reopening of any
such road or trail in the future by mutual agreement and, unless otherwise agreed upon, at
the expense of the party desiring to reopen any such road. Mutual agreement as used in this
paragraph will not be unreasonably withheld by either party.16). Physical Inspection Report. The Grantor and the Grantee agree that within six (6)months of the recording of this Conservation Easement a Report of Physical Inspection of
the Protected Property will be completed by Grantee at no expense to Grantor except that
Grantor shall bear the expense of the involvement, if any, of its staff or the staff of its
property manager. Said Report will accurately and completely describe the natural
condition of the Protected Property on the date thereof. Said Physical Inspection Report
will be subscribed to by both the Grantor and the Grantee indicating their concurrence that
such report accurately and completely describes the Protected Property as of the date
thereof. Said Report may include, but is not limited to, the following described items:
18appropriate survey maps and maps from the United States Geological Survey (showing
property lines and other features of the Protected Property); Maps of the Protected Property
drawn to scale showing all existing man-made improvements or incursions (such as roads,
buildings, land-use, other structures, and gravel pits); maps and/or descriptions of natural
features, forest resources, and habitat on the Protected Property; aerial photographs of the
Protected Property at an appropriate scale taken as close as possible to the date hereof; on-
site photographs taken at appropriate locations on the Protected Property; and an affidavit
subscribed to by both the Grantor and the Grantee indicating their concurrence that such
Report accurately and completely describes the Protected Property as of the date thereof.17). Deteriorated Structures. In the event that any existing structure on the ProtectedProperty is determined, according to applicable local land use regulations, to have
deteriorated to such a condition that it is dangerous to occupy or be around, the Grantor, at
its sole cost and expense, shall either correct the hazard, or demolish such structure. The
Grantor may remove such structures by burning and burying the rubble subject to existing laws and regulations. 18). Boundary Lines. Both the Grantor and the Grantee may, but neither is under
obligation to the other to, mark boundaries or corners of the Protected Property. Subject to
available funding, the Grantee may erect such signs and install gating or other barriers as
are necessary to delineate and ensure implementation of the rights which the Grantor and
Grantee have to the Protected Property. The Grantor and the Grantee shall mutually agree
to the wording of said signs prior to their erection. Grantee may survey, at its own expense,
the boundaries of Grantee’s fee lands which adjoin the Protected Property.19). Removal of Litter. The Grantee and Grantor shall develop a method, to be detailed in
the Public Recreation Plan, for the removal of any debris, such as papers, bottles, cans or
other garbage or debris left on the Protected Property. The Grantee, at its sole expense,
subject to availability of funds, is obligated to remove such trash as may be created by
Grantee, its agents and invitees. If funding is not available for trash removal, the Grantee
and Grantor may mutually agree to close the property to public use. Grantee shall be solely
responsible for implementing and enforcing any such closure. Grantor, at is sole expense,
is obligated to remove such trash as may be created by Grantor, its agents, lessees, and
assigns.20). Fee Title. It is understood and agreed by the parties that the underlying fee title to the
Protected Property remains in the Grantor, subject to the terms of this ConservationEasement.21). Removal of Trees by the Public. Nothing herein contained shall be construed to permit
the removal of any trees, plants, firewood, or other forest products by the general public or
Lessees of Grantor, provided, however, that dead or downed trees may be used only for
purposes of onsite cooking, warmth or smudge. Any other use of the wood by the public or
by Lessees of Grantor is expressly prohibited.22). Perpetuity. The Grantor, for
