Establishment of healthy forests reserve program
(a) Establishment
The Secretary of Agriculture shall establish the healthy forests reserve program for the purpose of restoring and enhancing forest ecosystems—
(1) to promote the recovery of threatened and endangered species;
(2) to improve biodiversity;
(3) to conserve forest land that provides habitat for species described in section 6572(b) of this title; and
(4) to enhance carbon sequestration.
(b) Coordination
The Secretary of Agriculture shall carry out the healthy forests reserve program in coordination with the Secretary of the Interior and the Secretary of Commerce.
Eligibility and enrollment of lands in program
(a) In general
The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program.
(b) Eligibility
To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably—
(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 1533 of this title; or
(2) improve the well-being of a species that—
(A) is—
(i) not listed as endangered or threatened under such section; and
(ii) a candidate for such listing, a State-listed species, or a special concern species; or
(B) is deemed a species of greatest conservation need by a State wildlife action plan.
(c) Other considerations
In enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will—
(1) improve biological diversity;
(2) conserve forest land that provides habitat for species described in subsection (b); and
(3) increase carbon sequestration.
(d) Enrollment by willing owners
The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.
(e) Methods of enrollment
(1) Authorized methods
Land may be enrolled in the healthy forests reserve program in accordance with—
(A) a 10-year cost-share agreement;
(B) a 30-year easement; or
(C)(i) a permanent easement; or
(ii) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law.
(2) Acreage owned by Indian tribes
(A) Definition of acreage owned by Indian tribes
In this paragraph, the term "acreage owned by Indian tribes" includes—
(i) land that is held in trust by the United States for Indian tribes or individual Indians;
(ii) land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance;
(iii) land that is subject to rights of use, occupancy, and benefit of certain Indian tribes;
(iv) land that is held in fee title by an Indian tribe; or
(v) land that is owned by a native corporation formed under section 5124 of title 25 or section 1607 of title 43; or
(vi) a combination of 1 or more types of land described in clauses (i) through (v).
(B) Enrollment of acreage
In the case of acreage owned by an Indian tribe, the Secretary may enroll acreage into the healthy forests reserve program through the use of—
(i) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement);
(ii) a 10-year cost-share agreement;
(iii) a permanent easement; or
(iv) any combination of the options described in clauses (i) through (iii).
(f) Enrollment priority
(1) Species
The Secretary of Agriculture shall give priority to the enrollment of land that provides the greatest conservation benefit to—
(A) primarily, species listed as endangered or threatened under section 1533 of this title; and
(B) secondarily, species that—
(i) are not listed as endangered or threatened under section 1533 of this title; but
(ii)(I) are candidates for such listing, State-listed species, or special concern species; or
(II) are deemed a species of greatest conservation need under a State wildlife action plan.
(2) Cost-effectiveness
The Secretary of Agriculture shall also consider the cost-effectiveness of each agreement or easement, and associated restoration plans, so as to maximize the environmental benefits per dollar expended.
(g) Easement modification or termination
(1) In general
The Secretary may modify or terminate an easement or other interest in land administered by the Secretary under this title if—
(A) the owner of the land agrees to the modification or termination; and
(B) the Secretary determines that the modification or termination—
(i) will address a compelling public need for which there is no practicable alternative; and
(ii) is in the public interest.
(2) Consideration; conditions
(A) Termination
As consideration for termination of an easement or other interest in land under this subsection, the Secretary shall enter into a compensatory arrangement, as the Secretary determines to be appropriate.
(B) Modification
In the case of a modification of an easement or other interest in land under this subsection—
(i) as a condition of the modification, the owner of the land shall enter into a compensatory arrangement, as the Secretary determines to be appropriate, to incur the costs of modification; and
(ii) the Secretary shall ensure that—
(I) the modification will not adversely affect the forest ecosystem functions and values for which the easement or other interest in land was acquired;
(II) any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no additional cost to the Federal Government; and
(III) the modification will result in equal or greater environmental and economic values to the United States.
Restoration plans
(a) In general
Land enrolled in the healthy forests reserve program shall be subject to a restoration plan, to be developed jointly by the landowner and the Secretary of Agriculture, in coordination with the Secretary of the Interior.
(b) Practices
The restoration plan shall require such restoration practices and measures as are necessary to restore and enhance habitat for species described in section 6572(b) of this title, including the following:
(1) Land management practices.
(2) Vegetative treatments.
(3) Structural practices and measures.
(4) Practices to increase carbon sequestration.
(5) Practices to improve biological diversity.
(6) Other practices and measures.
Financial assistance
(a) Permanent easements
In the case of land enrolled in the healthy forests reserve program using a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) 1 of this title), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)—
(1) the fair market value of the enrolled land during the period the land is subject to the easement, less the fair market value of the land encumbered by the easement; and
(2) the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period in which the land is subject to the easement.
(b) Thirty-year easement
In the case of land enrolled in the healthy forests reserve program using a 30-year easement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)—
(1) 75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and
(2) 75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.
(c) Ten-year agreement
In the case of land enrolled in the healthy forests reserve program using a 10-year cost-share agreement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)—
(1) fifty percent of the actual costs of the approved conservation practices; or
(2) fifty percent of the average cost of approved practices.
(d) Acceptance of contributions
The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.
Technical assistance
(a) In general
The Secretary of Agriculture shall provide landowners with technical assistance to assist the owners in complying with the terms of plans (as included in agreements or easements) under the healthy forests reserve program.
(b) Technical service providers
The Secretary of Agriculture may request the services of, and enter into cooperative agreements with, individuals or entities certified as technical service providers under section 3842 of this title, to assist the Secretary in providing technical assistance necessary to develop and implement the healthy forests reserve program.
Protections and measures
(a) Protections
In the case of a landowner that enrolls land in the program and whose conservation activities result in a net conservation benefit for listed, candidate, or other species, the Secretary of Agriculture shall make available to the landowner safe harbor or similar assurances and protection under—
(1) section 1536(b)(4) of this title; or
(2) section 1539(a)(1) of this title.
(b) Measures
If protection under subsection (a) requires the taking of measures that are in addition to the measures covered by the applicable restoration plan agreed to under section 6573 of this title, the cost of the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for purposes of financial assistance under section 6574 of this title.
Involvement by other agencies and organizations
In carrying out this subchapter, the Secretary of Agriculture may consult with—
(1) nonindustrial private forest landowners;
(2) other Federal agencies;
(3) State fish and wildlife agencies;
(4) State forestry agencies;
(5) State environmental quality agencies;
(6) other State conservation agencies; and
(7) nonprofit conservation organizations.
Funding
(a) Fiscal years 2009 through 2013 1
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 1 to carry out this subchapter.
(b) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $12,000,000 for each of fiscal years 2014 through 2023.
(c) Additional source of funds
In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 6574 of this title.
(d) Duration of availability
The funds made available under subsection (a) shall remain available until expended.
Source: United States Code / CFR (uscode.house.gov, govinfo.gov) — U.S. federal law, public domain (17 U.S.C. § 105).
