Easement Resources

Easements are a critical preservation instrument used to protect properties in perpetuity. Easement review and recordation is also one of the final steps of the process for a project funded by the NPS ABPP Battlefield Land Acquisition Grant program.

NPS ABPP offers the following resources, requirements, and guidance to assist fee-simple landowners, or “Grantors,” and easement holders, or “Grantees,” in developing easements which fulfill program requirements for permanent protection of the federal interest in the acquired land. These documents are a product of a collaborative three year initiative with NPS ABPP and State Historic Preservation Offices, the Department of the Interior Office of the Solicitor, and additional preservation partners.

Easement Template

This document is meant to serve as an example of easement terms granted for lands protected with federal financial assistance that would generally be acceptable to NPS ABPP in fulfillment of program requirements. This template satisfies requirements for acquisition project structures when a State or local government is the fee-simple landowner, or “Grantor,” and a nonprofit, or other government entity is the easement holder, or “Grantee.” This easement template also satisfies requirements for acquisition project structures when the SHPO is the Grantee, and a State or local government, or a nonprofit is the Grantor.

Easement Checklist

This is a checklist which outlines specific provisions required for an easement to be acceptable for NPS ABPP. These provisions are those required by the award’s grant agreement and the Program statutory language, in addition to recommended provisions per best practices of the preservation field.

Required Language for an Easement with a Nonprofit Easement Holder

This document contains the required language for projects in which there is a private or nonprofit Grantor, and a nonprofit Grantee. The exact language of these mandatory terms must be included and may not be altered without NPS ABPP’s prior approval.

Required Nonprofit Easement Holder Qualifications

If a Nonprofit is serving as the Easement Holder, or “Grantee,” they must demonstrate that they meet the required qualifications.

Preservation Plan Requirements

Preservation Plans are a requirement for all easements when a nonprofit or private entity/individual is the Grantor, and a nonprofit is the Grantee. These plans are required to be attached to the recorded easement, and are subject to the review and approval of the SHPO. Therefore, NPS ABPP offers these requirements as a baseline resource for drafting Preservation Plans, but defers to the SHPO for expansion and additions to this list.Please note these documents do not constitute legal, accounting, or tax planning advice on the part of NPS ABPP.

The Grantor and Grantee must craft easement terms that address the specific characteristics of the battlefield property, the interests of each party to the easement, and appropriate state or local legal requirements. Grantees are advised to seek out their own professional legal and/or accounting counsel when developing easements that satisfy NPS ABPP requirements and protect interests in the acquired property.