Form FS-2700-9e Non-Cost Share Easement

Authorization ID: #AUTH_ID#
Contact ID: #HOLDER_ID#
Use Code: #USE_CODE#

FS-2700-9e (XX/202X)
OMB No. 0596-0082
U. S. DEPARTMENT OF AGRICULTURE
Forest Service
NON-COST SHARE EASEMENT
Act of October 13, 1964, (P.L. 88-657);
36 CFR 251.50, et seq

THIS EASEMENT, dated this __________ day of ____________ the United States of America, acting by and
through the Forest Service, Department of Agriculture, hereinafter called Grantor, #HOLDER_NAME#, a
__________ of the State of #HOLDER_STATE# hereinafter called Grantee.

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WITNESSETH:

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WHEREAS, Grantee has applied for a grant of an easement under the Act of October 13, 1964 (78 Stat. 1089, 16
U.S.C. 532-538), for a road over certain lands owned by the United States in the County of __________ State of
__________, and administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor, for and in consideration of the grant of reciprocal easements received by Grantor,
does hereby grant to Grantee, its successors and assigns, and to successors in interest to any lands now owned
or hereafter acquired by Grantee (hereinafter collectively referred to as Grantee), subject to existing easements
and valid rights, a perpetual easement for a road along and across a strip of land, hereinafter defined as the
premises, (over and across the following described lands in the County of __________ State of __________
(over and across the lands in County of __________ State of __________, #TOWNSHIP_SECT_RANGE#
#FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION#
#SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# as described on
exhibit A attached hereto). 1/
The word "premises" when used herein means said strip of land whether or not there is an existing road located
thereon. Except where it is defined more specifically, the word "road" shall mean roads now existing or hereafter
constructed on the premises or any segment of such roads.

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USER NOTE: SELECT THE APPROPRIATE LOCATION DESCRIPTION.

Selection item 1.
The location of said premises is shown (approximately) on exhibit ____________ attached hereto.)
Selection item 2.

Said premises are described more specifically by a centerline description contained in exhibit ____________
attached hereto.
.
Said premises shall be ______________on each side of the centerline with such additional width as required for
accommodation and protection of cuts and fills. If the road is located substantially as described herein, the
centerline of said road as constructed is hereby deemed accepted by Grantor and Grantee as the true centerline
of the premises granted. If any subsequent survey of the road shows that any portion of the road, although
located substantially as described, crosses lands of the Grantor not described herein, the easement shall be
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amended to include the additional lands traversed; if any land described herein is not traversed by the road as
constructed, the easement traversing the same shall be terminated in the manner hereinafter provided.
This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees,
contractors, assignees, and successors in interest:
A.
Grantee shall comply with all applicable State and Federal laws, Executive orders, and Federal rules and
regulations, except that no present or future administrative rule or regulation shall reduce the rights herein
expressly granted.
B.
Grantee shall have the right to cut timber upon the premises to the extent necessary for constructing,
reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into logs of
lengths specified by the timber owner and decked along the road for disposal by the owner of such timber.

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C.
Grantee shall have the right to use the road on the premises without cost for all purposes deemed
necessary or desirable by Grantee in connection with the protection, administration, management, and utilization
of Grantee's lands or resources, now or hereafter owned or controlled. Grantee alone may extend such rights
and privileges for use of the premises to others.

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D.
The Grantee shall maintain the right-of-way clearing by means of chemicals only after specific written
approval has been given by the Forest Supervisor. Application for such approval must be in writing and specify
the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated.
E.
The Grantee shall protect in place all public land survey monuments, private property corners, and
boundary markers on National Forest System lands. If any of these land markers or monuments is destroyed in
connection with the authorized use and occupancy, the Grantee shall reestablish or reference them, as
applicable, in accordance with (1) the procedures in the Manual of Instructions for the Survey of the Public Land
of the United States; (2) the specifications of the county surveyor; or (3) the specifications of the Forest Service.
The Grantee shall also amend any associated survey records as required by law. Nothing in this clause shall
relieve the Grantee of liability for willful destruction or modification of any federal survey marker as provided in
Title 18 United States Code, section 1858 (18 U.S.C. 1858).
F.
The Grantee shall immediately notify the authorized officer of any antiquities or other objects of historic or
scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in
connection with the use and occupancy authorized by this lease. The Grantee shall leave these discoveries
intact and in place until otherwise directed by the authorized officer.

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G.
In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the Grantee inadvertently discovers human
remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the
Grantee shall immediately cease work in the area of the discovery and shall leave the discoveries intact and in
place. The Grantee shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA
plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the
Grantee shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written
confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days
after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise
lawful, or at any time if a NAGPRA plan of action has been executed by the Forest Service following tribal
consultation and any preconditions have been met.

H.
This easement is issued with the express understanding that should future location of federally owned
improvements or road rights-of-way require relocation of the Grantee’s improvements, the relocation will be
conducted by and at the expense of the Grantee within a reasonable period specified by the authorized officer.
I.
The rights herein conveyed do not include the right to use the road for access to developments used for
short or long-term residential purposes, unless and until traffic control regulations, rules, and other provisions to
accommodate such use of the road are agreed upon by the Grantor and Grantee.
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The foregoing notwithstanding, this easement is granted subject to the following reservations by Grantor, for itself,
its permittees, contractors, and assignees:
1. The right to use the roads without cost for all purposes deemed necessary or desirable by Grantor in
connection with the protection and administration of Grantor's lands or resources, now or hereafter owned or
controlled, Provided: That such right of use shall not include use of the road by the public or use for heavy
hauling except to remove timber cut on the premises in construction or maintenance of the road.
2. The right to cross and recross the premises and road at any place by any reasonable means and for any
purpose in such manner as will not interfere unreasonably with use of the road.
3. The right to all timber now or hereafter growing on the premises, subject to Grantee's right to cut such
timber as hereinbefore provided.
#INSERT TERM HERE#

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USER NOTE: IF APPLICABLE INCLUDE THE FOLLOWING.
Selection item 1: If applicable select the paragraph below.

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Provided that as long as the ___________ Road Right-of-Way Construction and Use Agreement dated
___________ remains in full force and effect, the terms and conditions thereof shall govern all aspects of use of
the premises, including, but not limited to (construction), reconstruction, and maintenance of the road.
Selection item 2: Select this item to remove selection 1 and have nothing appear in the document.
The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee,
(2) by condemnation, or (3) after a five (5) year period of nonuse, by a determination to cancel after notification
and opportunity for hearing as prescribed by law; Provided: That the easement, or segment thereof, shall not be
terminated for nonuse as long as the road, or segment thereof, is being preserved for prospective future use.

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IN WITNESS WHEREOF, the Grantor, by its ____________, Forest Service, has executed this easement
pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by
the Chief, Forest Service, dated August 22, 1984 (49 F.R. 34283), on the day and year first above written.
UNITED STATES OF AMERICA

By:
___________________________
Forest Service
Department of Agriculture

(APPROPRIATE ACKNOWLEDGMENT)
1/ Omit the word(s) in parentheses if not applicable.

PAPERWORK REDUCTION ACT STATEMENT

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According to the Paperwork Reduction Act of 1995, a Federal agency may not conduct or sponsor, and a person is not required to respond to,
an information collection request unless it displays a valid Office of Management and Budget (OMB) control number. The valid OMB control
number for this information collection request is 0596-0082. Response to this information collection request is required to obtain or retain
benefits, specifically, a special use authorization. The authority for this information collection request is the Act of October 13, 1964, (P.L. 88657). The time required to complete this information collection request is estimated to average 1 hour per response, including the time for
reviewing instructions, searching existing data sources, collecting and maintaining the data needed, and completing and reviewing the
information collection request. Send comments regarding this burden estimate or any other aspect of this information collection request,
including suggestions for reducing the burden, to Forest Service Information Collections Officer, [email protected], with OMB
control number 0596-0082 in the subject line.
PRIVACY ACT STATEMENT
Pursuant to 5 U.S.C. § 552a(e)(3), this Privacy Act statement serves to inform you of the following concerning the collection of the information
on this form.
Purpose: The Privacy Act of 1974 requires that the Director of Recreation, Heritage, and Volunteer Resources staff and the Director of
Lands, Minerals, and Geology Management staff provide the following statements to individuals from whom they request information.
Authority: Collection of this information solicited on this form is authorized by the Act of October 13, 1964, (P.L. 88-657).

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Routine Uses: The information collected will be used by Forest Service officials to ensure that your use of National Forest System lands is
administered in accordance with applicable statutes, regulations, and directives. The information collected from you is retained in the Special
Uses Data System (SUDS) and is retrieved by the Forest Service create reports for the Agency’s Special Uses Program, generate bills for
collection of land use fees for your authorization, monitor compliance with your special use authorization, and other matters pertaining to
administration of your special use authorization. SUDS is a component of the Forest Service’s Natural Resources Manager database (NRM).
A complete list of the routine uses of NRM can be found in the system of records notice associated with this form, FS-24.

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Disclosure: The submission of this information is required to obtain or retain benefits, specifically, a special use authorization.
NONDISCRIMINATION STATEMENT

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its
agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based
on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape,
American Sign Language, etc.) should contact the responsible agency or USDA’s TARGET Center at (202) 720-2600 (voice and TYY) or
contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File
a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all the information
requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit the completed form or letter to USDA by (1)
mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].

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USDA is an equal opportunity provider, employer, and lender.

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