Joint Policies of the Departments of the Interior and of the Army Relative to Reservoir Project Lands
Published Date: 1/16/2025
Rule
Summary
The Departments of the Interior and the Army updated rules to make it easier for the Interior to buy certain types of land rights around older reservoirs, mostly those built before 1962. This change affects how the government handles land deals that don’t involve full ownership, which happens only sometimes. The new rule kicks in on April 16, 2025, unless people send in serious objections by March 17, 2025.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
DOI May Use Easements Instead of Buying Land
Starting April 16, 2025, the Department of the Interior may acquire less-than-fee-title interests (for example, flowage easements) in and around reservoirs instead of buying full fee simple title when certain conditions are met. To use this deviation, the acquisition must meet a combined total of at least five conditions listed in 43 CFR 8.3 and 8.7, including that the reservoir was originally constructed before February 21, 1962, that the current reservoir has used more than de minimis easements, and that the less-than-fee acquisition is in the best interests of the United States.
Rule Aims To Cut Project Costs and Conflicts
The rule formalizes a policy allowing greater use of flowage easements for reservoir lands and is expected to reduce the cost and time to complete water resources projects and to minimize conflicts with property owners. The preamble explicitly ties these expectations to similar goals Congress sought for the Army Corps of Engineers.
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