Page:United States Statutes at Large Volume 116 Part 2.djvu/357

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1139 full and final determination of the rights of the person and entitles the person, as against the Government, to the rights the person would have had if possession of the property had not been changed. When the claim is for the payment of money found to be due, presentation of an authenticated copy of the record of the judgment and proceedings is sufficient evidence to the proper accounting officers for the allowance of the claim, which shall be allowed and paid out of amounts in the Treasury not otherwise appropriated. The amount allowed and paid shall not exceed the value of the interest of the Government in the property. § 1314. Easements (a) DEFINITIONS.— In this section— (1) EXECUTIVE AGENCY.— 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) REAL PROPERTY OF THE GOVERNMENT. —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 the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act); (iii) Indian-owned trust and restricted land; and (iv) land the Government acquires primarily for fish and wildlife conservation piu-poses and the Secretary administers; (B) land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and (C) land acquired for national forest purposes.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) STATE.—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) GRANT OF EASEMENT. — 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) RELINQUISHMENT OF LEGISLATIVE JURISDICTION. —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.

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