Land Acquisition/Easement Guidance

I. Pre-transaction Documents Required by the Foundation:

Should an award be made where NFWF funds will be applied to the cost of an interest in real property copies of the following documents are required prior to the real estate transaction. While it is understood that these documents may not be available at the time of an applicant's full proposal submission applicants are encouraged to include any that are currently available. Documents can be attached on the Uploads page of the on-line application as "Other Documents." If any must be submitted in hard copy please coordinate directly with NFWF's staff contact listed in the funding opportunity request for proposals.

• Recent appraisal by a licensed appraiser

• Recent survey (as applicable) map and clear legal description of the property

• Title insurance report

• Level one environmental assessment

• Baseline inventory of habitat and wildlife

• Management plan for property (fee title required; easements preferred)

• Draft of the proposed conservation easement to be recorded

• Opinion letter of local counsel

• Drafts of ancillary closing documents prepared to address problematic issues (if any)

• Escrow instructions for title/settlement company including wire transfer information

 

II. Post-transaction Documents Required by the Foundation:

• Final executed settlement statements

• Recorded deed or conservation easement incorporating NFWF's requisite language

 

III. Required Language for Incorporation in Grant Agreements and Land Use Records

Fee title acquisition projects: the following language must be included in the grant agreement and recorded deed.

"One of the main purposes of this acquisition is to perpetually protect an important wildlife area. Therefore as its purchase is partially funded by a National Fish and Wildlife Foundation grant the funds awarded under this grant shall be returned to the Foundation should a sale of the property occur without the Foundation's approval. Likewise should the property be condemned in whole or in part the Foundation shall share in the proceeds of such condemnation in direct proportion percentage-wise to its share in this purchase. The Foundation will use such recovered funds to purchase restore or enhance similar wildlife habitats."

Conservation easement projects: the following language must be included in the grant agreement and the recorded conservation easement.

"One of the main purposes of this easement is to perpetually protect an important wildlife area. Therefore as its purchase is partially funded by a National Fish and Wildlife Foundation grant notification must be provided to the Foundation of any future circumstance that arises resulting in the termination or extinguishment of the conservation easement. Under such circumstances the funds awarded under this grant shall be returned to the Foundation by the holder of the easement. Similarly notification must be provided to the Foundation if the property should be condemned in whole or in part through an exercise of eminent domain. Under this circumstance the Foundation shall receive its proportionate share of any proceeds received by the holder of the easement through sale exchange or condemnation of the property in direct proportion percentage-wise to its respective interest on the date the easement is recorded. The Foundation will use such recovered funds to purchase restore or enhance similar wildlife habitats."

 

IV. Additional requirement for Subsequent 3rd Party Transfers of Title:

A letter from federal state or local agency or other entity stating that they will accept the property.

 

V. Programmatic Focus:

Competitive proposals will meet the following criteria:

• Endorsement by appropriate federal, state and local government agencies that the acquisition is of high conservation value is a primary consideration. Preference will be given to acquisitions that are part of published conservation plans (e.g. North American Waterfowl Management Plan, Partners in Flight, etc.) State Wildlife Action Plans or Endangered Species Act Recovery Plans. Natural Heritage rankings for key species present on the site are an important consideration when available. Letters of support from the agencies listed above should be available for review.

• Endorsement by non-profit conservation organizations that the acquisition is of high conservation value using same criteria as above is also a primary consideration.

• Acquisitions that contribute to "landscape level" conservation efforts that help reduce fragmentation are preferred over isolated acquisitions. Maps should be available to illustrate habitat linkages.

• Important fish wildlife and/or plant resources such as endangered species or areas of significant biological diversity as identified by credible conservation agencies or organizations should be conserved through the acquisition. Quantification of resources is important (e.g. 10% of the state's bald eagles nest at the site vs. bald eagles nest at the site.)

• All acquisition documents, including appraisals, title reports, environmental hazard assessments, mineral rights assessments, surveys, and where appropriate a local attorney's opinion of easement viability, as well as other appropriate documents, must be available for NFWF staff review as part of the application process.

• The fee transfer or perpetual easement must qualify for "conservation purposes" as defined by Internal Revenue Code Section 170(h) which generally includes the following: the preservation of land areas for outdoor recreation by or the education of the general public; the protection of relatively natural habitats of fish wildlife or plants or similar ecosystems; the preservation of open space – including farmland and forest land – for scenic enjoyment or pursuant to an adopted governmental conservation policy; in either case such open space preservation must yield a significant public benefit; the preservation of historically important land areas or buildings.

• Access to the land by the public is preferred but not required. It must be clearly stated in the grant application what uses are allowed or not allowed (hunting nature observation ATV use camping etc.).

• Debt retirement on acquisition projects is not preferred.

• Final disposition of land including ownership must be clearly stated. If the federal government is to receive land additional review by NFWF may be necessary.

• Applicants should be able to secure letters of support from appropriate Congressional representatives for acquisition of interest in a real property.