2 U.S.C. § 1826: Easements for rights-of-way

Summary

The Architect of the Capitol can grant easements for rights-of-way over the Capitol Grounds and other public lands the Architect controls. The Architect sets the terms and can require payment. An easement must not include more land than needed. The Architect may accept non‑cash payment instead of or in addition to money, but that is subject to the approval rules below. All money from easements goes into an easement account in the Treasury and can be used as Congress allows in appropriations. The Architect can end an easement for failure to follow its terms, no use for a 2-year period, or abandonment. Before granting an easement, the Architect must give written notice of the intent and the amount or type of payment and get approval: the Senate Committee on Rules and Administration for Senate property, the House Office Building Commission for House property, and both bodies for other property. This has applied since fiscal year 2008 and each fiscal year after.

Title 2, §1826

The Congress, Source: USLM XML via OLRC

(a)In general

The Architect of the Capitol may grant, upon such terms as the Architect of the Capitol considers advisable, including monetary consideration, easements for rights-of-way over, in, and upon the Capitol Grounds and any other public lands under the jurisdiction and control of the Architect of the Capitol.

(b)Limitation

No easement granted under this section may include more land than is necessary for the easement.

(c)Easement account

There is established in the Treasury an easement account for the Architect of the Capitol. The Architect of the Capitol shall deposit in the account all proceeds received relating to the granting of easements under this section. The proceeds deposited in that account shall be available to the Architect, in such amounts and for such purposes provided in appropriations acts.

(d)In-kind consideration

Subject to subsection (f), the Architect may accept in-kind consideration instead of, or in addition to, any monetary consideration, for any easement granted under this section.

(e)Termination of easement

The Architect of the Capitol may terminate all or part of any easement granted under this section for— (1)

(2)nonuse for a 2-year period; or

(3)abandonment.

(f)Approval

The Architect of the Capitol may grant an easement for rights-of-way under subsection (a) upon submission of written notice of intent to grant that easement and the amount or type of consideration to be received, and approval by—

(1)the Committee on Rules and Administration of the Senate for easements granted on property under Senate jurisdiction;

(2)the House Office Building Commission for property under House of Representatives jurisdiction; and

(3)the Committee on Rules and Administration of the Senate and the House Office Building Commission for easements granted on any other property.

(g)Effective date

This section shall apply to fiscal year 2008 and each fiscal year thereafter.

Editorial Notes

Codification Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.

§1826 Easements for Rights-of-way

Summary

Title 2, §1826

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata