Authorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
Expiration Date: #EXPIRATION_DATE#
Use Code: #USE_CODE#
FS-2700-31 (12/06)
OMB No. 0596-0082
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
ELECTRIC TRANSMISSION LINE EASEMENT
AUTHORITY:
Section 501(a)(4) of the Federal Land Policy and Management Act,
43 U.S.C. 1761(a)(4)
This electric transmission line easement for the [capacity and name of transmission line] (hereinafter “easement”),
dated ______, is granted by the United States, acting through the United States Department of Agriculture, Forest
Service (hereinafter ”grantor”), to [name], [a corporation or other entity] of the State of _______ (hereinafter
“grantee”).
The grantor, in consideration of an annual land use fee paid by the grantee, grants to the grantee, subject to
existing easements and other valid outstanding rights, a non-exclusive easement for an electric transmission line,
consisting of towers, poles, or other structures (including all necessary foundations, footings, cross-arms, and
other fixtures), cables, and underground and overhead wires, for the transmission of electric energy and
communications in conjunction with the authorized operations (hereinafter “transmission facilities”).
This easement is located across National Forest System lands in the County(ies) of ______, State of ________.
This easement encompasses approximately ____ acres and is ____feet wide and ___ feet long. This easement
covers #USE_ACRES# acres or #USE_MILES# miles in the #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION#
#FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# SECOND_DIV_NAME_NUMBER#,
#THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# (hereinafter “the easement area”), as shown on the map
attached as Appendix A.
The grantor further grants to the grantee:
1. The right of ingress to and egress from the easement area along private roads and trails that are
necessary to access the easement area (hereinafter "access roads and trails"), listed in Appendix C, and the
right to construct, reconstruct, and maintain the access roads and trails, in accordance with the following
provisions:
a. All plans for development, layout, construction, reconstruction, or alteration of access roads and trails, as
well as revisions to those plans, must be prepared by a licensed engineer or other qualified professional
acceptable to the authorized officer. These plans and plan revisions must have written approval from the
authorized officer before they are implemented. The authorized officer may require the grantee to furnish asbuilt plans, maps, or surveys upon completion of the work.
b. The grantor does not have an obligation to maintain the access roads and trails.
c. The rights granted in this clause shall be subordinate to any easement on an access road or trail
subsequently granted by the United States to a local public road authority for a public road.
2. The right to install, maintain, and use gates and fences in the easement area with the prior written
approval of the authorized officer. All gates shall have reflective markings in accordance with Forest
Service Engineering Manual EM 7100-15.
The following are attached to and incorporated into this easement:
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:
Maps, Surveys Plats, Site Plans, and Engineer Drawings of the Easement Area
Operating Plan
Listing of Access Roads and Trails
Listing of Ancillary Structures Other Than Roads, Towers, Poles, and Lines
This easement is granted subject to the following terms and conditions.
I. GENERAL TERMS
A. AUTHORITY. This easement is issued pursuant to Section 501(a)(4) of the Federal Land Policy and
Management Act, 43 U.S.C. 1761(a)(4), and 36 CFR Part 251, Subpart B, as amended, and is subject to their
provisions.
B. AUTHORIZED OFFICER. The authorized officer is the _____________________ or a subordinate official
with delegated authority.
C. TERM. This easement shall expire at midnight on ______ [insert date grantee’s FERC license expires], the
date the grantee’s license from the Federal Energy Regulatory Commission expires.
C. TERM. This easement shall expire at midnight on [insert date easement expires], [number of years] from the
date it is granted.
D. RENEWAL. This easement does not provide for renewal. At least two years before expiration of this
easement, the grantee may apply for a new easement that would renew the use and occupancy authorized by
this easement. Renewal of the use and occupancy authorized by this easement is at the sole discretion of the
authorized officer. At a minimum, before renewing the use and occupancy authorized by this easement, the
authorized officer shall require that (1) the use and occupancy to be authorized by the new easement is
consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and
occupancy to be authorized by the new easement is the same as the type of use and occupancy authorized by
this easement; and (3) the grantee is in compliance with all the terms and conditions of this easement. The
authorized officer may prescribe new terms and conditions when a new easement is granted.
E. AMENDMENT. The terms and conditions of this easement shall be amended as necessary every [number]
years from the date of issuance to reflect changing laws, regulations, directives, and conditions. This easement
also may be amended at any time by written agreement of the grantor and the grantee.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the
rights and privileges granted by this easement, the grantee shall comply with all present and future federal laws
and regulations and all present and future state, county, and municipal laws, regulations, and other legal
requirements that apply to the easement area, to the extent they do not conflict with federal law, regulation, or
policy. The grantor assumes no responsibility for enforcing laws, regulations, and other legal requirements that
fall under the jurisdiction of other governmental entities.
G. RESERVATIONS. All rights not specifically granted to the grantee are reserved to the grantor, including:
1. The right of access to the easement area, including a continuing right of physical entry to the easement
area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United
States under any law or regulation.
2
2. The right to use, administer, and dispose of all natural resources and improvements other than the
transmission facilities, including the right to use roads and trails and authorize rights-of-way and other uses in
the easement area in any way that is not inconsistent with the grantee's rights and privileges under this
easement, after consultation with all parties involved. Except for any restrictions that the grantee and the
grantor agree are necessary to protect the installation and operation of the transmission facilities, the
easement area shall remain open to the public for all lawful purposes.
H. ASSIGNMENT. This easement is fully assignable, subject to the following conditions:
1. The grantee shall be in compliance with all the terms and conditions of this easement.
2. Assignments shall have prior written approval of the authorized officer.
3. The authorized officer may modify the terms and conditions of this easement and the assignee shall agree
in writing to comply with the terms and conditions of the easement as modified.
4. Upon change in ownership of the transmission facilities or change in control of the business entity that
holds this easement, this easement may be assigned to the new owner or to the party acquiring control,
provided that the conditions in clause I.H.1 through I.H.3 are met.
a. In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding voting
securities or capital of the business so as to permit the exercise of managerial authority over the actions and
operations of the corporation or election of a majority of the board of directors of the corporation.
b. In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control is a
beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial
authority over the actions and operations of the entity.
c. In other circumstances, control is any arrangement under which a third party has the ability to exercise
management authority over the actions or operations of the business.
II. IMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this easement gives or implies permission to build or maintain any
structure or facility or to conduct any activity unless specifically provided for in this easement. Any use not
specifically authorized by this easement must be proposed in accordance with 36 CFR 251.54. Approval of such
a proposal through issuance of a new easement or easement amendment is at the sole discretion of the
authorized officer.
B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the
easement area, as well as revisions to those plans, must be prepared by a licensed engineer, architect,
landscape architect, or other qualified professional acceptable to the authorized officer. These plans and plan
revisions must have written approval from the authorized officer before they are implemented. The authorized
officer may require the grantee to furnish as-built plans, maps, or surveys upon completion of the work.
C. RELOCATION. This easement is granted with the express understanding that should future location of
federally owned improvements or road rights-of-way require relocation of the authorized improvements, the
relocation will be conducted by and at the expense of the grantee within a reasonable period specified by the
authorized officer.
III. OPERATIONS
A. OPERATING PLAN. The grantee shall prepare an operating plan in consultation with the authorized officer
or the authorized officer’s designated representative. The operating plan shall cover all operations authorized by
this easement. The operating plan shall outline steps the grantee will take to protect public health and safety and
the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the
grantee’s operations for compliance with the terms and conditions of this easement. At a minimum, the operating
plan shall address access to and operation and maintenance of the transmission facilities, including dates or
season of operations, a vegetation management plan, and restrictions on use, such as fire restrictions,
3
established by the grantor. The operating plan shall be submitted by the grantee and approved by the authorized
officer or the authorized officer’s designated representative prior to commencement of operations and shall be
attached to this easement as Appendix B. The operating plan shall be reviewed and updated as necessary by the
grantee and reapproved by the authorized officer at least every 5 years.
B. USE OF NATIONAL FOREST SYSTEM ROADS AND TRAILS. The grantee’s use of National Forest
System roads and National Forest System trails shall comply with applicable requirements in 36 CFR Part 212,
Subpart A; 36 CFR Part 261, Subpart A; and orders issued under 36 CFR Part 261, Subpart B. Motor vehicle use
shall be consistent with designations made under 36 CFR Part 212, Subpart B, unless specifically provided
otherwise in the operating plan.
C. LEASING. The grantee may lease transmission facilities that are owned by the grantee with the prior written
approval of the authorized officer. The Forest Service reserves the right to disapprove these leases. The grantee
shall remain responsible for compliance of the leased transmission facilities with all the terms and conditions of
this easement.
D. CONDITION OF OPERATIONS. The grantee shall maintain the transmission facilities and easement area to
standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and
consistent with other provisions of this easement. Standards are subject to periodic change by the authorized
officer. The grantee shall comply with inspection requirements deemed appropriate by the authorized officer.
E. INSPECTION BY THE FOREST SERVICE. The grantor shall monitor the grantee's operations and reserves
the right to inspect the easement area and transmission facilities at any time for compliance with the terms of this
easement. The grantee’s obligations under this easement are not contingent upon any duty of the grantor to
inspect the easement area or transmission facilities. A failure by the grantor or other governmental officials to
inspect is not a defense to noncompliance with any of the terms and conditions of this easement.
F. REMOVAL AND PLANTING OF VEGETATION
1. Non-Emergency Removal. Except as provided in emergencies pursuant to clause III.F.2, trees, shrubs,
grasses, and other plants may be removed, destroyed, or trimmed only in accordance with the vegetation
management plan in Appendix B and only after the authorized officer or the authorized officer’s designated
representative has marked or otherwise identified what may be removed, destroyed, or trimmed. Timber cut
or destroyed shall be paid for at current stumpage rates for similar timber in the ______ National Forest. The
grantor reserves the right to dispose of the merchantable timber to those other than the grantee at no
stumpage cost to the grantee. Unmerchantable material shall be disposed of as directed by the authorized
officer. Planting of trees, shrubs, and other plants in the easement area must have prior written approval from
the authorized officer.
2. Emergency Removal. When power lines have been compromised by trees, shrubs, grasses, and other
plants and there has been loss of power due to a fire or a fire-related loss of power is imminent, the grantee
may remove, destroy, or trim trees, shrubs, grasses, and other plants in accordance with the vegetation
management plan in Appendix B without the trees, shrubs, grasses, and other plants being marked or
otherwise identified by the authorized officer or the authorized officer’s designated representative.
IV. RIGHTS AND LIABILITIES
A. VALID OUTSTANDING RIGHTS. This easement is subject to all valid outstanding rights. Valid outstanding
rights include those derived from mining and mineral leasing laws of the United States. The grantor is not liable to
the grantee for the exercise of any such right.
B. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this easement do not intend to confer
any rights on any third party as a beneficiary under this easement.
C. SERVICES NOT PROVIDED. This easement is for the occupancy of land for the purposes stated in this
easement and does not provide for the furnishing of road maintenance, water, fire protection, or any other such
service by a government agency, association, or individual.
D. RISK OF LOSS. The grantee assumes all risk of loss to the transmission facilities. Loss to the transmission
4
facilities may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including
prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and acts of God. If the transmission
facilities are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine
whether the transmission facilities can be safely occupied in the future and whether rebuilding should be allowed.
If rebuilding is not allowed, the easement shall terminate.
E. DAMAGE TO UNITED STATES PROPERTY. The grantee has an affirmative duty to protect from damage
the land, property, and other interests of the United States. Damage includes but is not limited to fire suppression
costs, damage to government-owned improvements covered by this easement, and all costs and damages
associated with or resulting from the release or threatened release of a hazardous material occurring during or as
a result of activities of the grantee or the grantee's heirs, assigns, agents, employees, contractors, or lessees on,
or related to, the lands, property, and other interests covered by this easement. For purposes of clause IV.E and
section V, "hazardous material" shall mean any hazardous substance, pollutant, contaminant, hazardous waste,
oil, and/or petroleum product, as those terms are defined under any federal, state, or local laws or regulations.
1. The grantee shall avoid damaging or contaminating the environment, including but not limited to the soil,
vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the grantee's use and
occupancy of the easement area. If the environment or any government property covered by this easement
becomes damaged during the grantee's use and occupancy of the easement area, the grantee shall
immediately repair the damage or replace the damaged items to the satisfaction of the authorized officer and
at no expense to the United States.
2. The grantee shall be liable for all injury, loss, or damage, including fire suppression or other costs
associated with rehabilitation or restoration of natural resources, associated with the grantee's use and
occupancy of the permit area. Compensation shall include but is not limited to the value of resources
damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of
abatement costs, and all associated administrative, legal (including attorney's fees), and other costs. Such
costs may be deducted from a performance bond required under clause IV.J.
3. The grantee shall be liable for damage caused by use of the grantee or the grantee's heirs, assigns,
agents, employees, contractors, or lessees to all roads and trails of the United States to the same extent as
provided under clause IV.E.1, except that liability shall not include reasonable and ordinary wear and tear.
F. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The grantee shall take all measures necessary
to protect the environment, natural resources, and the health and safety of all persons affected by the use and
occupancy authorized by this easement. The grantee shall promptly abate as completely as possible and in
compliance with all applicable laws and regulations any physical or mechanical procedure, activity, event, or
condition existing or occurring before, during, or after the term of this easement, and arising out of or relating to
any activity, event, or condition existing or occurring during the term of this easement, that causes or threatens to
cause a hazard to workers’ safety or to public health or safety or harm to the environment (including but not
limited to areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural
resources). The grantee shall immediately notify the authorized officer of all serious accidents that occur in
connection with such activities. The responsibility to protect the health and safety of all persons affected by the
use and occupancy authorized by this easement is solely that of the grantee. The grantor has no duty under the
terms of this easement to inspect the easement area or operations and activities of the grantee for hazardous
conditions or compliance with health and safety standards.
G. INDEMNIFICATION OF THE UNITED STATES. The grantee shall indemnify, defend, and hold harmless the
United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts
or omissions of the grantee in connection with the use and occupancy authorized by this easement. This
indemnification and hold harmless provision includes but is not limited to acts and omissions of the grantee or the
grantee’s heirs, assigns, agents, employees, contractors, or lessees in connection with the use and occupancy
authorized by this easement which result in (1) violations of any laws and regulations which are now or which may
in the future become applicable, and including but not limited to those environmental laws listed in clause V.A of
this easement; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs,
expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid
waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into
the environment. The authorized officer may prescribe terms that allow the grantee to replace, repair, restore, or
5
otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to
monetary indemnification.
H. STRICT LIABILITY. The grantee shall be strictly liable (liable without proof of negligence or other
wrongdoing) to the United States for $[amount up to $1 million] per occurrence for any injury, loss, or damage
arising under this easement. Liability for injury, loss, or damage to the United States exceeding the prescribed
amount of strict liability shall be determined under the law of negligence.
I. INSURANCE. The grantee shall furnish proof of insurance, such as a certificate of insurance, to the
authorized officer prior to issuance of this easement and each year thereafter that this easement is in effect. The
grantor reserves the right to review and approve the insurance policy prior to issuance. The grantee shall send
an authenticated copy of any insurance policy obtained pursuant to this clause to the authorized officer
immediately upon issuance of the policy. Any insurance policies obtained by the grantee pursuant to this clause
shall name the United States as an additional insured, and the additional insured provision shall provide for
insurance coverage for the United States as required under this clause. Such policies also shall specify that the
insurance company shall give 30 days prior written notice to the authorized officer of cancellation of or any
modification to the policies. The certificate of insurance, the authenticated copy of the insurance policy, and
written notice of cancellation or modification of insurance policies should be sent to [mailing address of
administering office]. Minimum amounts of coverage and other insurance requirements are subject to change at
the sole discretion of the authorized officer on the anniversary date of this easement.