On Department of the Interior projects, a bureau director or secretarial officer may authorize acquisition of easements in lieu of fee title to property to allow reservoir inundation of lands if the acquisition meets a combined total of at least five conditions listed in § 8.3 and in this section:

1. (a) The reservoir was originally constructed before February 21, 1962.
2. (b) The current reservoir has utilized more than de minimis acquisition of easements for inundation.
3. (c) The acquisition of less than fee title is in the best interests of the United States.

[90 FR 4671, Jan. 16, 2025]