Page:United States Statutes at Large Volume 76.djvu/1177

 76 STAT.]

PUBLIC LAW 87-852-OCT. 23, 1%2

1129

Public Law 87-852 AN ACT October 23, 1962 [H. R. 8355] To authorize executive agencies to grant easements in, over, or upon real property of the United States under the control of such agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever a Real property of State or political subdivision or agency thereof or any person makes ^'Authority to application for the grant of an easement in, over, or upon real prop- grant easements. erty of the United States for a right-of-way or other purpose, the executive agency having control of such real property may grant to the applicant, on behalf of the United States, such easement as the head of such agency determines will not be adverse to the interests of the United States, subject to such reservations, exceptions, limitations, benefits, burdens, terms, or conditions, including those provided in section 2 hereof, as the head of the agency deems necessary to protect the interests of the United States. Such grant may be made without consideration, or with monetary or other consideration, including any interest in real property. I n connection with the grant of such an easement, the executive agency concerned may relinquish to the State in which the affected real property is located such legislative jurisdiction as the executive agency deems necessary or desirable. Relinquishment of legislative jurisdiction under the authority of this Act may be accomplished by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof or by proceeding in such manner as the laws applicable to such State may provide. SEC, 2. The instrument granting any such easement may provide for Conditions. termination of the easement in whole or in part if there has been— (a) a failure to comply with any term or condition of the grant, or (b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or (c) an abandonment of the easement. I f such a provision is included, it shall require that written notice of such termination shall be given to the grantee, or its successors or assigns. The termination shall be effective as of the date of such notice. SEC. 3. The authority conferred by this Act shall be in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements. SEC. 4. As used in this Act— Definitions. (a) The term "State" means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. (b) The term "executive agency" means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (c) The term "person" includes any corporation, partnership, firm, association, trust, estate, or other entity. (d) The term "real property of the United States" excludes the public lands (including minerals, vegetative, and other resources) in the United States, including lands reserved or dedicated for national forest purposes, lands administered or supervised by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, Indian-owned trust and restricted 16 USC 1 e( lands, and lands acquired by the United States primarily for fish and sag. wildlife conservation purposes and administered by the Secretary of

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