Date: July 28, 1993
Series: Real Property
Part 340: Real Property Management
Originating Office: Division of Realty
THE SECRETARY OF THE INTERIOR, by
his authorized representative, the Regional Director, U.S. Fish and Wildlife
Service, in accordance with applicable authorities, and regulations published
December 19, 1969, 50 CFR Part 29.21, for and in consideration of the sum of
hereby grants to
herein designated as the grantee, an easement for a
right-of-way for a period
over, across, in, and upon lands of the
as shown on Exhibit entitled
attached hereto and made a part thereof.
By accepting this easement the grantee agrees to the following terms and conditions:
(1) To comply with State and Federal laws applicable to the project within which the right-of-way is granted, and to the lands which are included in the right-of-way, and lawful existing regulations thereunder.
(2) To clear and keep clear the lands within the right-of-way to the extent and in the manner directed by the project leader in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the project leader may specify.
(3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the applicant has requested and received from the Regional Director approval of measures the applicant will take to perpetuate the location of aforesaid monument.
(4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the right-of-way as the project leader in charge may request.
(5) To do everything reasonable
within his/her power, both independently and on request of any duly authorized
representative of the
(6) To rebuild and repair such roads, fences, structures, and trails as may be destroyed or altered by construction work and to build necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the right-of-way.
(7) To pay the United States the full value for all damages to the lands or other property of the United States caused by him/her or by his/her employees, contractors, or employees of the contractors, and to indemnify the United States against any liability for damages to life, person, or property arising from the occupancy or use of the lands under the right-of-way, except where a right-of-way is granted hereunder to a State or other governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property, such agency in lieu thereof agrees to repair all such damages.
(8) To notify promptly the project leader in charge of the amount of merchantable timber, if any, which will be cut, removed, or destroyed in the construction and maintenance of the project, and to pay the United States in advance of construction such sum of money as the project leader may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed.
(9) That all or any part of the right-of-way granted may be terminated by the Director, Fish and Wildlife Service for failure to comply with any or all of the terms or conditions of this grant, or for nonuse for a 2-year period, or abandonment of the right-of-way granted. In the event of noncompliance, the Regional Director will notify the permittee in writing of the corrections needed, and the permittee shall have a period of 6O days from the date of the notice to complete corrective action. However, in the event of extenuating circumstances such as adverse weather conditions, disturbance of wildlife during periods of peak concentrations, or other compelling reasons, the Regional Director may grant an extension of time which in his/her judgment is reasonably necessary. In the event of termination of an easement or permit for noncompliance, nonuse, or abandonment, a written notice of termination will be furnished to the permittee.
(10) To restore the land to its original condition to the entire satisfaction of the Service, so far as it is reasonably possible to do so upon revocation and termination of the right-of-way, unless this requirement is waived in writing.
(11) To keep the project leader informed at all times of his/her address, and, in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers.
(12) That in the construction, operation, and maintenance of the project, he/she shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts.
(13) That the allowance of the right-of-way shall be subject to the express condition that the exercise thereof will not unduly interfere with the management, administration, or disposal by the United States of land affected thereby, and that the applicant agrees and consents to the occupancy and use by the United States, its grantees, permittees, or lessees of any part of the right-of-way not actually occupied or required by the applicant for the purpose of the granted rights or the full and safe utilization thereof.
(14) That the right-of-way herein granted shall be subject to the express covenant that any facility constructed thereon will be modified or adapted if such is found by the Regional Director, Fish and Wildlife Service, to be necessary, without liability or expense to the United States, so that such facility will not conflict with the use and occupancy of the land for any authorized works which may hereafter be constructed thereon under the authority of the United States.
(15) That the right-of-way herein granted shall be for the specific use described and may not be construed to include the further right to authorize any other use within the right-of-way unless approved in writing by the Regional Director.
Special terms and conditions may be added to those listed above as determined by the Service.
IN WITNESS WHEREOF, I have
hereunto set my hand this day
IN WITNESS WHEREOF, I,
have executed this instrument in behalf of the
grantee herein on this day
, 20 .
For more information about this chapter, please contact the Division of Realty. For more information about this Web page, contact Krista Bibb, in the Division of Policy and Directives Management.