§2668a Easements: granting restrictive easements in connection with land conveyances

Summary

The Secretary who transfers federal land may place a conservation restriction on that land when it is conveyed. The restriction must be for a conservation purpose that follows Internal Revenue Code 26 U.S.C. 170(h)(4)(A)(iv). The easement can only go to a State or local government or to a qualified organization under 26 U.S.C. 170(h). The recipient must agree to the easement. The Secretary must find it is in the public interest and that State or local law alone cannot achieve the conservation purpose. The local jurisdiction must allow such easements. The Secretary must be able to give monitoring and enforcement to a third party. The easement is given without payment, cover only the land needed, and can include other protective terms the Secretary thinks are necessary.