MEMORANDUM & ORDER Plaintiffs Animal Welfare Institute (“AWI”) and Wildlife Preserves, Inc. (“WPI”) (together, “Plaintiffs”) brought this action against the Superintendent of Fire Island National Seashore (“FINS”), and the United States National Park Service, an agency of the U.S. Department of the Interior (“NPS”), raising various claims, including under the Quiet Title Act (“QTA”), 28 U.S.C. §2409a, concerning the Record of Decision (“ROD”) finalizing the FINS White-Tailed Deer Management Plan and Final Environmental Impact Statement (“Plan”) adopted by NPS. (ECF No. 1 (“Compl.”)). Plaintiff AWI is a non-profit animal advocacy organization. (ECF No. 59 (“SAC”) 1). Plaintiff WPI is a non-profit land conservation corporation. (Id. 2). On August 3, 2020, District Judge Sandra J. Feuerstein granted in part a motion to dismiss Plaintiff’s Amended Complaint, but with leave to file a second amended complaint joining as defendant the United States of America (“United States,” and together with FINS and NPS, “Defendants”). (ECF No. 49 (“Mem. & Order”); see generally SAC). Plaintiffs filed the Second Amended Complaint on September 22, 2021. (SAC). Now before the Court are Plaintiffs’ Motion for Summary Judgment (ECF No. 90 (“Pls Mot.”)) and Defendants’ Cross-Motion for Summary Judgment (ECF No. 94 (“Defs Cross-Mot.”)). After carefully reviewing the record, and for the reasons set forth herein, Plaintiffs’ Motion for Summary Judgment is denied, Defendants’ Cross-Motion for Summary Judgment is granted, and the case is dismissed. FACTUAL BACKGROUND1 A. Conveyance of Property This case concerns restrictions on property that were originally created on June 29, 1955, when WPI conveyed via deed four tracts of property (“WP Tracts”) to non-party Sunken Forest Preserve, Inc. (“SFPI”). (ECF No. 91 (“Shotwell Decl.”), Ex. 1 (“1955 Deed”); ECF No. 90-2 (“Pls 56.1″) 1; ECF No. 109 (“Defs 56.1 Resp.”) 1). The WP Tracts are located in the Sunken Forest Preserve (“Sunken Forest”), a 44-acre piece of land on the FINS. (ECF No. 75-1 (“Defs 56.1″) 9; ECF No. 101-1 (“Pls 56.1 Resp.”) 9). The Sunken Forest is a globally rare habitat of national significance in the Northeastern United States. (Defs 56.1 10; Pls 56.1 Resp. 10). Per Congressional directive,2 NPS is responsible for managing FINS and the wildlife thereon, including the Sunken Forest. (Pls 56.1 16; Defs 56.1 Resp. 16). The 1955 Deed states that the conveyance of the WP Tracts to SFPI is: subject to the express condition and limitation that the premises herein conveyed shall be maintained in their natural state and operated as a preserve for the maintenance of wildlife and its natural habitat undisturbed by hunting, trapping, fishing or any other activities that might adversely affect the environment or the animal population, and for scientific and educational purposes incidental to such maintenance and operation. Should the premises cease to be used solely for the above purposes, or should any activities be engaged thereon that would adversely affect either the flora or the fauna, then the title of the grantee shall cease and determine and shall revert to and vest in the grantor, the said reversion and vesting to be automatic and not requiring any re-entry. (1955 Deed at 53 (emphasis added); Pls 56.1 2; Defs 56.1 Resp. 2). This provision created WPI’s reversionary interest in the WP Tracts. The 1955 Deed further transfers the property to SFPI, “TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, its successors and assigns forever, subject to the express condition and limitation hereinabove set forth.” (Id. at 6) (emphasis in original). On May 9, 1966, SFPI conveyed the WP Tracts, plus an additional parcel of land, to the United States via a deed. (Shotwell Decl., Ex. 2 (“1966 Deed”); Pls 56.1 6; Defs 56.1 Resp. 6). The 1966 Deed states, in relevant part, [A]ll of the premises hereby conveyed shall always be maintained in their natural state and operated solely as a sanctuary and preserve for the maintenance of wild life and its natural habitat, undisturbed by hunting, trapping, fishing or any other activities that might adversely affect the environment or the flora or fauna of said premises; and for scientific and educational purposes incidental to such maintenance and operation. (1966 Deed at 10). In addition, the 1966 Deed states that the conveyance is subject to “[t]he condition, limitation, and reverter as contained in [the 1955 Deed].” (Id. at 14 (emphasis added)). As part of the second conveyance, on February 24, 1966, SFPI and NPS entered into a Cooperative Agreement, which was not recorded and was not referenced within the 1966 Deed. (ECF No. 96 (“Knapp Decl.”), Ex. G (“Cooperative Agreement”); Pls 56.1 Resp.
M, O; ECF No. 102 (“Defs 56.1 Reply”)
