(a) Authority to Include Restrictive Easement.—In connection with the conveyance of real property by the Secretary concerned under any provision of law, the Secretary concerned may grant an easement to an entity specified in subsection (b) restricting future uses of the conveyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)).
(b) Authorized Recipients.—An easement under subsection (a) may be granted only to—(1) a State or local government; or
(2) a qualified organization, as that term is defined in section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)).
(c) Limitations on Use of Easement Authority.—An easement under subsection (a) may not be granted unless—(1) the proposed recipient of the easement consents to the receipt of the easement;
(2) the Secretary concerned determines that the easement is in the public interest and the conservation purpose to be promoted by the easement cannot be effectively achieved through the application of State law by the State or a local government without the grant of restrictive easements;
(3) the jurisdiction that encompasses the property to be subject to the easement authorizes the grant of restrictive easements; and
(4) the Secretary can give or assign to a third party the responsibility for monitoring and enforcing easements granted under this section.
(d) Consideration.—Easements granted under this section shall be without consideration from the recipient.
(e) Acreage Limitation.—No easement granted under this section may include more land than is necessary for the easement.
(f) Terms and Conditions.—The grant of an easement under this section shall be subject to such additional terms and conditions as the Secretary concerned considers appropriate to protect the interests of the United States.
Structure US Code
Subtitle A— General Military Law
PART IV— SERVICE, SUPPLY, AND PROPERTY
CHAPTER 159— REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY
§ 2661. Miscellaneous administrative provisions relating to real property
§ 2662. Real property transactions: reports to congressional committees
§ 2663. Land acquisition authorities
§ 2664. Limitations on real property acquisition
§ 2665. Sale of certain interests in land; logs
§ 2667. Leases: non-excess property of military departments and Defense Agencies
§ 2668. Easements for rights-of-way
§ 2668a. Easements: granting restrictive easements in connection with land conveyances
§ 2670. Use of facilities by private organizations; use as polling places
§ 2671. Military reservations and facilities: hunting, fishing, and trapping
§ 2672. Protection of buildings, grounds, property, and persons
§ 2675. Leases: foreign countries
§ 2678. Feral horses and burros: removal from military installations
§ 2679. Installation-support services: intergovernmental support agreements
§ 2682. Facilities for defense agencies
§ 2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installations
§ 2684. Cooperative agreements for management of cultural resources
§ 2686. Utilities and services: sale; expansion and extension of systems and facilities
§ 2687. Base closures and realignments
§ 2688. Utility systems: conveyance authority
§ 2692. Storage, treatment, and disposal of nondefense toxic and hazardous materials
§ 2694. Conservation and cultural activities
§ 2694a. Conveyance of surplus real property for natural resource conservation
§ 2694b. Participation in wetland mitigation banks
§ 2694c. Participation in conservation banking programs
§ 2694d. Participation in pollutant banks and water quality trading