Page:United States Statutes at Large Volume 116 Part 1.djvu/288

 116 STAT. 262 PUBLIC LAW 107-171—MAY 13, 2002 provision of law, in such manner as the Secretary determines is fair and reasonable in light of all the circumstances. 16 USC 3838q. " SEC. 1238Q. DELEGATION TO PRIVATE ORGANIZATIONS. "(a) IN GENERAL.— The Secretary may permit a private conservation or land trust organization (referred to in this section as a 'private organization') or a State agency to hold and enforce an easement under this subchapter, in lieu of the Secretary, subject to the right of the Secretary to conduct periodic inspections and enforce the easement, if— "(1) the Secretary determines that granting the permission will promote protection of grassland, land that contains forbs, and shrubland; "(2) the owner authorizes the private organization or State agency to hold and enforce the easement; and "(3) the private organization or State agency agrees to assume the costs incurred in administering and enforcing the easement, including the costs of restoration or rehabilitation of the land as specified by the owner and the private organization or State agency. "(b) APPLICATION.— A private organization or State agency that seeks to hold and enforce an easement under this subchapter shall apply to the Secretary for approval. "(c) APPROVAL BY SECRETARY. —The Secretary may approve a private organization to hold and enforce an easement under this subchapter if (as determined by the Secretary) the private organization— "(1)(A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code; or "(B) is described in section 509(a)(3), and is controlled by an organization described in section 509(a)(2), of that Code; "(2) has the relevant experience necessary to administer grassland and shrubland easements; "(3) has a charter that describes the commitment of the private organization to conserving ranchland, agricultural land, or grassland for grazing and conservation purposes; and "(4) has the resources necessary to effectuate the purposes of the charter. " (d) REASSIGNMENT.— "(1) IN GENERAL.—If a private organization holding an easement on land under this subchapter terminates, not later than 30 days after termination of the private organization, the owner of the land shall reassign the easement to— "(A) a new private organization that is approved by the Secretary; or "(B) the Secretary. "(2) NOTIFICATION OF SECRETARY.— Deadline. "(A) IN GENERAL. —I f the easement is reassigned to a new private organization, not later than 60 days after the date of reassignment, the owner and the new organization shall notify the Secretary in writing that a reassignment for termination has been made. "(B) FAILURE TO NOTIFY.—If the owner and the new organization fail to notify the Secretary of the reassignment in accordance with subparagraph (A), the easement shall revert to the control of the Secretary.".

�