PRIA, Government Policy, Made Personal

§8124 Grant of Easements in Government-owned Lands

Title 38 › PART VI — ACQUISITION AND DISPOSITION OF PROPERTY › CHAPTER 81 — ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › SUBCHAPTER II — PROCUREMENT AND SUPPLY › § 8124

Last updated Aug 21, 2026|Official source

Summary

The Secretary can give, for the United States, easements or rights‑of‑way over federal lands the Secretary controls to any State, a State agency or local government, or a public‑service company. The Secretary sets the terms. Public utilities may use those rights as allowed by the State’s highway laws. The Secretary can cede partial, shared, or full control of those areas to the State and may accept land given in exchange and take needed jurisdiction over it. If an easement or right‑of‑way is abandoned or not used, it ends and the land and rights go back to the United States or its assignee.

Title 38, §8124

Veterans' Benefits, Source: USLM XML via OLRC

The Secretary, whenever the Secretary deems it advantageous to the Government and upon such terms and conditions as the Secretary deems advisable, may grant on behalf of the United States to any State, or any agency or political subdivision thereof, or to any public-service company, easements in and rights-of-way over lands belonging to the United States which are under the Secretary’s supervision and control. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Secretary deems necessary or desirable, is hereby ceded to the State in which the land is located. The Secretary may accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as the Secretary may deem necessary or desirable over the land so acquired. Any such easement or right-of-way shall be terminated upon abandonment or nonuse of the same and all right, title, and interest in the land covered thereby shall thereupon revert to the United States or its assignee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5024 of this title as this section. Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing and “Secretary’s” for “Administrator’s”. 1976—Pub. L. 94–581 substituted “the Administrator” for “he” wherever appearing and “under the Administrator’s supervision” for “under his supervision”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.