Page:United States Statutes at Large Volume 122.djvu/1079

 12 2 STA T . 1 056PUBLIC LA W 110 – 2 34—M A Y 22, 200 8‘ ‘ (B)isanorg ani z a t ion de s c ri b ed in section 501 (c)( 3 ) o f t h at C ode that is e x e mp t from taxation u nder section 501(a) of that Code and ‘‘(C) is described in — ‘‘(i) paragraph (1) or ( 2 ) of section 50 9 (a) of that Code; or ‘‘(ii) in section 509(a)(3) of that Code , and is con - tro l led b y an organization described in section 509(a)(2) of that Code . ‘‘(c) TRANSFE R O FT ITL EOF OW NERS H I P .— ‘‘(1) TRANSFER.—The S ecretary may transfer title of o w ner- ship to an easement to an eligible entity to hold and enforce, in lieu of the Secretary, sub j ect to the right of the Secretary to conduct periodic inspections and enforce the easement, if— ‘‘( A ) the Secretary determines that the transfer will promote protection of grassland, land that contains forbs, or shrubland; ‘‘(B) the owner authorizes the eligible entity to hold or enforce the easement; and ‘‘(C) the eligible entity 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 eligible entity. ‘‘(2) APPLI C ATION.—An eligible entity that see k s to hold and enforce an easement shall apply to the Secretary for appro v al. ‘‘(3) APPRO V AL BY SECRETARY.—The Secretary may approve an application described in paragraph (2) if the eligible entity— ‘‘(A) has the relevant experience necessary, as appro- priate for the application, to administer an easement on grassland, land that contains forbs, or shrubland; ‘‘(B) has a charter that describes a commitment to conserving ranchland, agricultural land, or grassland for grazing and conservation purposes; and ‘‘(C) has the resources necessary to effectuate the pur- poses of the charter. ‘‘(d) COOPERATIVE A G REE M ENTS.— ‘‘(1) A U THORI Z E D shall establish the terms and conditions of a cooperative agree- ment under which an eligible entity shall use funds provided by the Secretary to own, write, and enforce an easement, in lieu of the Secretary. ‘‘(2) M INIMUM RE Q UIREMENTS.—At a minimum, the coopera- tive agreement shall— ‘‘(A) specify the q ualification of the eligible entity to carry out the entity ’ s responsibilities under the program, including acquisition, monitoring, enforcement, and implementation of management policies and procedures that ensure the long-term integrity of the easement protec- tions; ‘‘(B) require the eligible entity 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 eligible entity; ‘‘(C) specify the right of the Secretary to conduct peri- odic inspections to verify the eligible entity’s enforcement of the easement;
 * TERMS AND CONDITIONS.—The Secretary

�