§3838q. Delegation to private organizations

(a) In general

The Secretary may transfer title of ownership to an easement under this subpart to 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 subpart, 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 subpart 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 subpart if (as determined by the Secretary) the private organization-

(1)(A) is an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of that title; or

(B) is described in section 509(a)(3), and is controlled by an organization described in section 509(a)(2), of that title;

(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) Reversion

If a private organization or State agency holding an easement on land under this subpart dissolves or fails to enforce the terms of the easement, the easement shall revert to the Secretary.

(Pub. L. 99–198, title XII, §1238Q, as added Pub. L. 107–171, title II, §2401, May 13, 2002, 116 Stat. 262 ; amended Pub. L. 108–447, div. A, title VII, §797, Dec. 8, 2004, 118 Stat. 2852 .)

Amendments

2004-Subsec. (a). Pub. L. 108–447, §797(1), substituted "transfer title of ownership to an easement under this subpart to" for "permit" in introductory provisions.

Subsec. (d). Pub. L. 108–447, §797(2), added subsec. (d) and struck out heading and text of former subsec. (d). Text consisted of pars. (1) and (2) relating to reassignment of easements to new private organizations or the Secretary.