§ 3838q. Delegation of duty
(b)
Eligible entity defined
In this section, the term “eligible entity” means—
(2)
an organization that—
(A)
is organized for, and at all times since the formation of the organization has been operated principally for, one or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section
170
(h)(4)(A) of title
26;
(c)
Transfer of title of ownership
(1)
Transfer
The Secretary may transfer title of ownership to an easement to an eligible entity to hold and enforce, in lieu of the Secretary, subject to the right of the Secretary to conduct periodic inspections and enforce the easement, if—
(2)
Application
An eligible entity that seeks to hold and enforce an easement shall apply to the Secretary for approval.
(3)
Approval by Secretary
The Secretary may approve an application described in paragraph (2) if the eligible entity—
(A)
has the relevant experience necessary, as appropriate for the application, to administer an easement on grassland, land that contains forbs, or shrubland;
(d)
Cooperative agreements
(1)
Authorized; terms and conditions
The Secretary shall establish the terms and conditions of a cooperative agreement 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)
Minimum requirements
At a minimum, the cooperative agreement shall—
(A)
specify the qualification 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 protections;
(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 periodic inspections to verify the eligible entity’s enforcement of the easement;
(D)
subject to subparagraph (E), identify a specific project or a range of projects to be funded under the agreement;
(E)
allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of substitution;
(F)
specify the manner in which the eligible entity will evaluate and report the use of funds to the Secretary;
(G)
allow the eligible entity flexibility to develop and use terms and conditions for easements, if the Secretary finds the terms and conditions consistent with the purposes of the program and adequate to enable effective enforcement of the easements;
(3)
Cost sharing
(A)
In general
As part of a cooperative agreement with an eligible entity under this subsection, the Secretary may provide a share of the purchase price of an easement under the program.
(e)
Protection of Federal investment
When delegating a duty under this section, the Secretary shall ensure that the terms of an easement include a contingent right of enforcement for the Department.