; or (B) after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), the Secretary has determined that proposed use is in the public interest. (2) Conditions (A) In general If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use. (B) Approval The private land to be donated under subparagraph (A) shall be approved by the Secretary after— (i) consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and (ii) an opportunity for public comment regarding the donation. (d) Existing agreements Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on the date of enactment of this title. (e) Deed restrictions Effective beginning on the date of enactment of this title, within the Conservation Area, the Secretary may— (1) accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and (2) consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary— (A) to fulfill the mitigation requirements resulting from the development of renewable resources; or (B) to satisfy the conditions of— (i) a habitat conservation plan or general conservation plan established pursuant to section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 )