Illustration 3, 342 FW 5, Sample Permit



FWM#:     148 (new)
Date:        June 21, 1994
Series:      Real Property
Part 342:  Realty Operations
Originating Office: Division of Realty

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AGREEMENT WITH THE FISH AND WILDLIFE SERVICE
FOR USE OF PROPERTY AT MERRITT ISLAND, FLORIDA
 

    WHEREAS, the National Aeronautics and Space Administration has acquired certain lands and adjacent waters on Merritt Island, Brevard County, Florida.

    WHEREAS, certain of these lands acquired in connection with the National Aeronautics and Space Program are prime mosquito breeding terrain and the adjacent waters have been or are being impounded for mosquito control by the Brevard Mosquito Control District, as approved by the Florida State Board of Health, and

    WHEREAS, these same lands have special value as migratory waterfowl refuge areas, and

    WHEREAS, the Fish and Wildlife Service is the agency of the U.S. Government responsible for conservation and management of the national waterfowl resource, and such agency has expressed a desire to administer an area on Merritt Island as a national wildlife refuge, and

    WHEREAS, the National Aeronautics and Space Administration is agreeable to such use, under such conditions as will not interfere with the National Aeronautics and Space Administration operations, nor in any way be detrimental to the health and welfare of humans on these lands or in surrounding communities,

    NOW, THEREFORE, the National Aeronautics and Space Administration (hereinafter called NASA), hereby grants to the Fish and Wildlife Service, Department of the Interior (hereafter called the Service), a permit upon, and makes available to the said Service, for the purposes and subject to terms and conditions hereinafter set forth, all those lands and waters described in Exhibit "A" attached hereto and.made a part hereof.

    The Service shall use the said property as a national wildlife refuge, under the following conditions:

1.     The Service shall have the right to enter upon and use said lands for the purpose of producing waterfowl food crops, and for the protection and management of wildlife and fish populations, including the harvesting and control of such wildlife or fishes. This right shall be subject to full cooperation with the Brevard County Mosquito Control District in their program to suppress and control arthropod production in these lands.

2.     The Service is authorized, under limitations hereafter described, to construct, operate, and maintain sub-impoundments, water control structures, field office, storage and maintenance buildings and related facilities. It is understood that no residences are to be permitted on the area.

3.     The Service shall not have the right to prohibit employees of NASA, the Brevard Mosquito Control District, or the Florida State Board of Health from entering upon, or over, the said lands, for the purpose of completing mosquito control projects; maintaining, or altering projects already completed; checking for mosquitoes and mosquito breeding situations; or to do any and all things necessary in their joint opinion for controlling mosquitoes.

4.     The use and occupation of said premises shall be without cost or expense to NASA, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the premises, and subject also to such rules and regulations as he may prescribe from time to time.

5.     The Service will construct no facilities on the said premises until the plans therefore have been reviewed by the officer of NASA having immediate jurisdiction over the premises, and he determines that such facilities will not interfere with the NASA operations. Also, that no alterations in facilities which may affect such operations will be made without the prior approval of said officer.

6.     It is understood that all plans affecting water levels and mosquito control shall be reviewed jointly by the Brevard Mosquito Control District and the Florida State Board of Health and be subject to their joint approval.

7.     A memorandum of understanding will be formulated by the Florida State Board of Health, the Brevard Mosquito Control District and the Fish and Wildlife Service to assure complete coordination among the three agencies in their respective fields of operation.

8.     NASA will take under consideration the Service's utilization of said refuge area, in order to insure compatibility of NASA activities with wildlife management, whenever practicable.

9.     The Service shall, at its own expense and without cost or expense to NASA, maintain and keep in good repair and condition the premises herein authorized to be used.

10.     This permit may be terminated in whole or in part hereof under the following circumstances:

        a. In the event the Associate Administrator of NASA or the Director, Launch Operations Center of NASA determines that termination of the permit is necessary.

        b. In the event the Service fails to use the said premises in accordance with the terms and conditions of this permit.

        c. In the event the Service determines continued use of the area for wildlife purposes is undesirable because of the nature of NASA's project activities, or for other reasons.

11.     Fixtures, equipment, facilities, or other property of the Service constructed or maintained on the said premises shall be and remain property of the Service and may be removed at any time prior to the termination of this permit and at any time within three months after any termination of this permit. Any property of the Service not removed from the premises within three months after any termination of this permit shall become the property of NASA.

12.     All notices by NASA concerning this permit will be addressed to the Regional Director, United States Fish and Wildlife Service, at 809 Peachtree-Seventh Building, Atlanta 23, Georgia, and conversely, all notices by the Service to NASA will be addressed to Director, Launch Operations Center, NASA, at Cocoa Beach, Florida. It is understood by the parties hereto that upon execution and acceptance of this permit, the Service will abandon administration and control of its Brevard National Wildlife Refuge, consisting of an island known as Pelican Island, located in Sec. 13, T. 21 S., R. 36 E., and in Sec. 18, T. 21 S., R. 36 E.

    This permit shall become effective upon the latest date of execution, as indicated below, it being understood that all lands described in Exhibit "A" may not yet have been acquired by NASA. Nevertheless, it is agreed that this permit shall be effective as to all of the said described lands when title thereto vests in the United States.

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the dates indicated.
 

                                    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                                    DATE ______________ By _______________________________
                                                                                            Associate Administrator
 

                                                    DEPARTMENT OF THE INTERIOR

                                    DATE ______________ By _______________________________
                                                                                            Secretary of the Interior


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