§1314 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Federal agencies can grant easements on most Government-owned real property to a State, a local government, a State agency, or a person who applies. An agency head must decide the easement will not harm the Government’s interests. The agency can attach conditions, limits, or reservations. The easement can be free or for payment, and payment can include an interest in other real property. "Executive agency" means a federal department or independent agency, including a wholly owned government corporation. "Real property of the Government" does not include certain public lands and resources (for example, national forest lands, lands the Secretary of the Interior manages under certain title 54 rules, Indian trust lands, lands for fish and wildlife, lands withdrawn under the Secretary’s control, and land acquired for national forest purposes). "State" includes the 50 States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. An agency can give up its legislative jurisdiction over the land to the State by filing a notice with the State’s chief executive or by following State law. An easement can include a rule that ends it for breaking terms, not being used for two straight years, or abandonment. If there is a termination rule, the grantee must get written notice, and the termination takes effect on the date of that notice. This authority is in addition to any other law that lets agencies grant easements. Rights-of-way over public lands and National Forest System lands cannot be granted under this rule.

Title 40, §1314

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this section—

(1)The term “executive agency” means an executive department or independent establishment in the executive branch of the Federal Government, including a wholly owned Government corporation.

(2)The term “real property of the Government” excludes—

(A)public land (including minerals, vegetative, and other resources) in the United States, including—

(i)land reserved or dedicated for national forest purposes;

(ii)land the Secretary of the Interior administers or supervises in accordance with section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of title 54;

(iii)Indian-owned trust and restricted land; and

(iv)land the Government acquires primarily for fish and wildlife conservation purposes and the Secretary administers;

(B)land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and

(C)land acquired for national forest purposes.

(3)The term “State” means a State of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(b)When a State, a political subdivision or agency of a State, or a person applies for the grant of an easement in, over, or on real property of the Government, the executive agency having control of the real property may grant to the applicant, on behalf of the Government, an easement that the head of the agency decides will not be adverse to the interests of the Government, subject to reservations, exceptions, limitations, benefits, burdens, terms, or conditions that the head of the agency considers necessary to protect the interests of the Government. The grant may be made without consideration, or with monetary or other consideration, including an interest in real property.

(c)In connection with the grant of an easement, the executive agency concerned may relinquish to the State in which the real property is located legislative jurisdiction that the executive agency considers necessary or desirable. Relinquishment of legislative jurisdiction may be accomplished by filing with the chief executive officer of the State a notice of relinquishment to take effect upon acceptance or by proceeding in the manner that the laws applicable to the State may provide.

(d)(1)The instrument granting the easement may provide for termination of any part of the easement if there has been—

(A)a failure to comply with a term or condition of the grant;

(B)a nonuse of the easement for a consecutive 2-year period for the purpose for which granted; or

(C)an abandonment of the easement.

(2)If a termination provision is included, it shall require that written notice of the termination be given to the grantee, or its successors or assigns.

(3)The termination is effective as of the date of the notice.

(e)The authority conferred by this section is in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements.

(f)Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1314(a)40:319c.Pub. L. 87–852, Oct. 23, 1962, 76 Stat. 1129. 1314(b)40:319 (1st, 2d sentences). 1314(c)40:319 (3d, last sentences). 1314(d)40:319a. 1314(e)40:319b. 1314(f)40:319 note, 319a note, 319b note, 319c note.Pub. L. 94–579, title VII, § 706(a) (related to the Act of Oct. 23, 1962 (Pub. L. 87—852, 76 Stat. 1129)), Oct. 21, 1976, 90 Stat. 2793. In subsection (a), the text of 40:319c(c) is omitted because of 1:1. In clause (3), the words “territories and” are added for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words “for a right-of-way or other purpose” are omitted as unnecessary. In subsection (c), the words “affected” and “concerned” before “a notice” are omitted as unnecessary. The words “chief executive officer” are substituted for “Governor” for clarity.

Editorial Notes

Amendments

2014—Subsec. (a)(2)(A)(ii). Pub. L. 113–287 substituted “section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of title 54” for “the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act)”.

§1314 Easements