
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC319]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                     CHAPTER 4--THE PUBLIC PROPERTY
 
Sec. 319. Grant of easements; authority of executive agencies; 
        application; protection of Federal interests; consideration; 
        legislative jurisdiction: notice of relinquishment, acceptance 
        and State proceedings
        
    Whenever a State or political subdivision or agency thereof or any 
person makes application for the grant of an easement in, over, or upon 
real property 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 319a of this title, 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. In 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 
sections 319 to 319c of this title 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.

(Pub. L. 87-852, Sec. 1, Oct. 23, 1962, 76 Stat. 1129.)

                                 Repeals

        Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, 
    insofar as applicable to the issuance of rights-of-way over, upon, 
    under, and through the public lands and lands in the National Forest 
    System.


                            Savings Provision

    Repeal by Pub. L. 94-579 insofar as applicable to the issuance of 
rights-of-way not to be construed as terminating any valid lease, 
permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. 
L. 94-579, set out as a note under section 1701 of Title 43, Public 
Lands.

                  Section Referred to in Other Sections

    This section is referred to in sections 319b, 319c of this title.
