{"identifier":"/us/usc/t40/s1314","title":40,"num":"\u00a7\u202f1314.","heading":"Easements","text":"\u00a7\u202f1314.\nEasements\n(a)\nDefinitions.\u2014\nIn this section\u2014\n(1)\nExecutive agency.\u2014\nThe term \u201cexecutive agency\u201d means an executive department or independent establishment in the executive branch of the Federal Government, including a wholly owned Government corporation.\n(2)\nReal property of the government.\u2014\nThe term \u201creal property of the Government\u201d excludes\u2014\n(A) public land (including minerals, vegetative, and other resources) in the United States, including\u2014\n(i) land reserved or dedicated for national forest purposes;\n(ii) land the Secretary of the Interior administers or supervises in accordance with section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54;\n(iii) Indian-owned trust and restricted land; and\n(iv) land the Government acquires primarily for fish and wildlife conservation purposes and the Secretary administers;\n(B) land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and\n(C) land acquired for national forest purposes.\n(3)\nState.\u2014\nThe term \u201cState\u201d means a State of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.\n(b)\nGrant of Easement.\u2014\nWhen 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.\n(c)\nRelinquishment of Legislative Jurisdiction.\u2014\nIn 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.\n(d)\nTermination of Easement.\u2014\n(1)\nWhen termination occurs.\u2014\nThe instrument granting the easement may provide for termination of any part of the easement if there has been\u2014\n(A) a failure to comply with a term or condition of the grant;\n(B) a nonuse of the easement for a consecutive 2-year period for the purpose for which granted; or\n(C) an abandonment of the easement.\n(2)\nNotice required.\u2014\nIf a termination provision is included, it shall require that written notice of the termination be given to the grantee, or its successors or assigns.\n(3)\nEffective date.\u2014\nThe termination is effective as of the date of the notice.\n(e)\nAdditional Easement Authority.\u2014\nThe 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.\n(f)\nLimitation on Issuance of Rights of Way.\u2014\nRights of way over, under, and through public lands and lands in the National Forest System may not be granted under this section.","url":"https://projectusc.org/usc/t40/s1314.html","content":[{"t":"sec","id":"/us/usc/t40/s1314","children":[{"t":"num","text":"\u00a7\u202f1314."},{"t":"heading","text":"Easements"},{"t":"subsec","id":"/us/usc/t40/s1314/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section\u2014"},{"t":"para","id":"/us/usc/t40/s1314/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Executive agency.\u2014"},{"t":"content","text":"The term \u201cexecutive agency\u201d means an executive department or independent establishment in the executive branch of the Federal Government, including a wholly owned Government corporation.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s1314/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Real property of the government.\u2014"},{"t":"chapeau","text":"The term \u201creal property of the Government\u201d excludes\u2014"},{"t":"subpara","id":"/us/usc/t40/s1314/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" public land (including minerals, vegetative, and other resources) in the United States, including\u2014"},{"t":"clause","id":"/us/usc/t40/s1314/a/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" land reserved or dedicated for national forest purposes;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t40/s1314/a/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" land the Secretary of the Interior administers or supervises in accordance with section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t40/s1314/a/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" Indian-owned trust and restricted land; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t40/s1314/a/2/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" land the Government acquires primarily for fish and wildlife conservation purposes and the Secretary administers;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s1314/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s1314/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" land acquired for national forest purposes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s1314/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"State.\u2014"},{"t":"content","text":"The term \u201cState\u201d means a State of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t40/s1314/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Grant of Easement.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t40/s1314/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Relinquishment of Legislative Jurisdiction.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t40/s1314/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Termination of Easement.\u2014"},{"t":"para","id":"/us/usc/t40/s1314/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"When termination occurs.\u2014"},{"t":"chapeau","text":"The instrument granting the easement may provide for termination of any part of the easement if there has been\u2014"},{"t":"subpara","id":"/us/usc/t40/s1314/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a failure to comply with a term or condition of the grant;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s1314/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a nonuse of the easement for a consecutive 2-year period for the purpose for which granted; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s1314/d/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" an abandonment of the easement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s1314/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Notice required.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s1314/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Effective date.\u2014"},{"t":"content","text":"The termination is effective as of the date of the notice.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t40/s1314/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Additional Easement Authority.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t40/s1314/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Limitation on Issuance of Rights of Way.\u2014"},{"t":"content","text":"Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this section.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}