---
kind: "section"
citation: "10 U.S.C. § 2668a"
title: "10"
title_heading: "Armed Forces"
number: "2668a"
heading: "Easements: granting restrictive easements in connection with land conveyances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2668a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property"
---

# §2668a. Easements: granting restrictive easements in connection with land conveyances

- (a) **Authority to Include Restrictive Easement.—** In connection with the conveyance of real property by the [Secretary concerned](/usc/10/2801.md?p=c-5) under any provision of law, the [Secretary concerned](/usc/10/2801.md?p=c-5) may grant an easement to an entity specified in [subsection (b)](#b) restricting future uses of the conveyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 ([26 U.S.C. 170(h)(4)(A)(iv)](/usc/26/170.md?p=h-4-A-iv)).
- (b) **Authorized Recipients.—** An easement under [subsection (a)](#a) may be granted only to—
  - (1) a [State](/usc/10/4951.md?p=4) or [local government](/usc/10/4951.md?p=4); or
  - (2) a qualified organization, as that term is defined in section 170(h) of the Internal Revenue Code of 1986 ([26 U.S.C. 170(h)](/usc/26/170.md?p=h)).
- (c) **Limitations on Use of Easement Authority.—** An easement under [subsection (a)](#a) may not be granted unless—
  - (1) the proposed recipient of the easement consents to the receipt of the easement;
  - (2) the [Secretary concerned](/usc/10/2801.md?p=c-5) determines that the easement is in the public interest and the conservation purpose to be promoted by the easement cannot be effectively achieved through the application of [State](/usc/10/4951.md?p=4) law by the [State](/usc/10/4951.md?p=4) or a [local government](/usc/10/4951.md?p=4) without the grant of restrictive easements;
  - (3) the jurisdiction that encompasses the property to be subject to the easement authorizes the grant of restrictive easements; and
  - (4) the [Secretary](/usc/10/4951.md?p=3) can give or assign to a third party the responsibility for monitoring and enforcing easements granted under this section.
- (d) **Consideration.—** Easements granted under this section shall be without consideration from the recipient.
- (e) **Acreage Limitation.—** No easement granted under this section may include more land than is necessary for the easement.
- (f) **Terms and Conditions.—** The grant of an easement under this section shall be subject to such additional terms and conditions as the [Secretary concerned](/usc/10/2801.md?p=c-5) considers appropriate to protect the interests of the [United States](/usc/10/101.md?p=a-1).

## Source credit

(Added Pub. L. 109–364, div. B, title XXVIII, § 2823(a), Oct. 17, 2006, 120 Stat. 2475.)