PUBLIC LAW 109–364—OCT. 17, 2006
120 STAT. 2475
(A) by striking ‘‘he’’ both places it appears and inserting ‘‘the Secretary’’; and (B) by striking ‘‘his control, to a State, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Commonwealth, or possession,’’ and inserting ‘‘the Secretary’s control’’; (2) in paragraph (2), by striking ‘‘oil pipe lines’’ and inserting ‘‘gas, water, sewer, and oil pipe lines’’; and (3) in paragraph (13), by striking ‘‘he considers advisable, except a purpose covered by section 2669 of this title’’ and inserting ‘‘the Secretary considers advisable’’. (b) STYLISTIC AMENDMENTS.—Such section is further amended— (1) in subsection (a), by inserting ‘‘AUTHORIZED TYPES OF EASEMENTS.—’’ after ‘‘(a)’’; (2) in subsection (b), by inserting ‘‘LIMITATION ON SIZE OF EASEMENT.—’’ after ‘‘(b)’’; (3) in subsection (c), by inserting ‘‘TERMINATION.—’’ after ‘‘(c)’’; (4) in subsection (d), by inserting ‘‘NOTICE TO DEPARTMENT OF THE INTERIOR.—’’ after ‘‘(d)’’; and (5) in subsection (e), by inserting ‘‘DISPOSITION OF CONSIDERATION.—’’ after ‘‘(e)’’. (c) CONFORMING REPEAL.—Section 2669 of such title is repealed. (d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 159 of such title is amended by striking the item related to section 2669. SEC. 2823. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS FOR CONSERVATION PURPOSES IN CONNECTION WITH LAND CONVEYANCES.
(a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 10, United States Code, is amended by inserting after section 2668 the following new section: ‘‘§ 2668a.
Easements: granting restrictive easements in connection with land conveyances ‘‘(a) AUTHORITY TO INCLUDE RESTRICTIVE EASEMENT.—In connection with the conveyance of real property by the Secretary concerned under any provision of law, the Secretary concerned may grant an easement to an entity specified in subsection (b) restricting future uses of the conveyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)). ‘‘(b) AUTHORIZED RECIPIENTS.—An easement under subsection (a) may be granted only to— ‘‘(1) a State or local government; or ‘‘(2) a qualified organization, as that term is defined in section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)). ‘‘(c) LIMITATIONS ON USE OF EASEMENT AUTHORITY.—An easement under subsection (a) may not be granted unless— ‘‘(1) the proposed recipient of the easement consents to the receipt of the easement; ‘‘(2) the Secretary concerned determines that the easement is in the public interest and the conservation purpose to be
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