A landowner may negotiate the terms of a lease, easement, or servitude for land, wetland, or water areas sought to be acquired by the United States department of the interior, its bureaus or agencies, with moneys from the migratory bird conservation fund [16 U.S.C.718d ] for use as waterfowl production areas, wildlife refuges, or for other wildlife purposes. A landowner may:

Terms Used In North Dakota Code 20.1-02-18.2

  • Department: means the game and fish department. See North Dakota Code 20.1-01-02
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Waterfowl: includes all varieties of geese, brant, swans, ducks, rails, and coots. See North Dakota Code 20.1-01-02
  • Wildlife: means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. See North Dakota Code 20.1-01-02

1.    Negotiate the time period of the lease, easement, or servitude being sought; however, the duration of an easement for a waterfowl production area acquired by the federal government, and consented to by the governor or appropriate state agency after July 1, 1985, may not exceed fifty years.

2.    Restrict a lease, easement, or servitude by legal description to the land, wetland, or water areas being sought, and may drain any after-expanded wetland or water area in excess of the legal description in the lease, easement, or servitude.