Forest Conservation Easement Program Act of 2023
This bill replaces the Healthy Forests Reserve Program (HFRP) with a new forest conservation easement program. Both the HFRP and the new program provide for the Department of Agriculture (USDA) to purchase easements on private land for forest conservation purposes.
Under the new program, USDA must provide cost-share assistance to states, local governments, Indian tribes, or certain organizations for their purchase of forest conservation easements.
The bill also sets aside program funding to purchase easements from certain classes of landowner, including beginning forest landowners, socially disadvantaged forest landowners, and veteran forest landowners.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3424 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3424
To amend the Food Security Act of 1985 to require the Secretary of
Agriculture to establish the forest conservation easement program, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Kelly of Mississippi (for himself and Ms. Kuster) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to require the Secretary of
Agriculture to establish the forest conservation easement program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Conservation Easement Program
Act of 2023''.
SEC. 2. FOREST CONSERVATION EASEMENT PROGRAM.
(a) In General.--Title XII of the Food Security Act of 1985 (16
U.S.C. 3801 et seq.) is amended--
(1) by redesignating subtitle I (16 U.S.C. 3871 et seq.) as
subtitle J; and
(2) by inserting after subtitle H (16 U.S.C. 3865 et seq.)
the following:
``Subtitle I--Forest Conservation Easement Program
``SEC. 1267. ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish a forest
conservation easement program for the conservation and restoration of
eligible land and natural resources through the acquisition of
conservation easements or other interests in land.
``(b) Purposes.--The purposes of the program are--
``(1) to protect the viability and sustainability of forest
land and related ecological and human conservation values of
eligible land by limiting the negative impacts of non-forest
land uses;
``(2) to protect and enhance forest ecosystem and landscape
functions and values;
``(3) to promote the restoration, protection, and
improvement of habitat of threatened and endangered species and
other at-risk species;
``(4) to maintain and enhance biodiversity;
``(5) to enhance carbon sequestration;
``(6) to protect and restore watersheds for water quality
and quantity improvements;
``(7) to prevent encroachment around military bases and
installations; and
``(8) to carry out the purposes and functions of the
healthy forests reserve program established under title V of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et
seq.), as in effect on the day before the date of enactment of
this section.
``SEC. 1267A. DEFINITIONS.
``In this subtitle:
``(1) Beginning forest landowner.--The term `beginning
forest landowner' means a person that--
``(A)(i) has not previously owned forest land; or
``(ii) has owned forest land for not more than 10
years; and
``(B) meets such other criteria as the Secretary
may establish.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an agency of State or local government or an
Indian Tribe (including a land resource council
established under State law); or
``(B) an organization that is--
``(i) organized for, and at all times since
the formation of the organization has been
operated principally for, 1 or more of the
conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
``(ii) an organization described in section
501(c)(3) of that Code that is exempt from
taxation under section 501(a) of that Code; or
``(iii) described in--
``(I) paragraph (1) or (2) of
section 509(a) of that Code; or
``(II) section 509(a)(3) of that
Code and is controlled by an
organization described in section
509(a)(2) of that Code.
``(3) Eligible land.--The term `eligible land' means
private land (which shall include land owned by any
organization described in paragraph (2)(B) and land owned by
any other private entity, without any eligibility requirement
in addition to the eligibility requirements established by this
subtitle) or Tribal land--
``(A) that is--
``(i) forest land; or
``(ii) being restored to forest land;
``(B) in the case of a forest land easement--
``(i) that is subject to a pending offer
for purchase of a forest land easement from an
eligible entity; and
``(ii)(I) the enrollment of which would
protect forest uses and related conservation
values by conserving land; or
``(II) the protection of which will further
a State or local policy consistent with the
purposes of the program; and
``(C) in the case of a forest reserve easement, the
enrollment of which will maintain, restore, enhance, or
otherwise measurably--
``(i) increase the likelihood of recovery
of a species that is listed as endangered or
threatened under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533); or
``(ii) improve the well-being of a species
that is--
``(I) not listed as endangered or
threatened under that section; and
``(II)(aa) a candidate for that
listing, a State-listed species, or a
special concern species; or
``(bb) designated as a species of
greatest conservation need by a State
wildlife action plan.
``(4) Forest land easement.--The term `forest land
easement' means an easement or other interest in eligible land
that--
``(A) is conveyed to an eligible entity for the
purpose of protecting natural resources and the forest
nature of the eligible land; and
``(B) permits the landowner the right to continue
working forest production and related uses.
``(5) Forest reserve easement.--The term `forest reserve
easement' means an easement or other interest in eligible land
that--
``(A) is conveyed to the Secretary for the purpose
of protecting natural resources and the forest nature
of the eligible land; and
``(B) permits the landowner the right to continue
working forest production and related uses consistent
with the applicable forest reserve easement plan
developed under section 1267C(c)(1)(A).
``(6) Program.--The term `program' means the forest
conservation easement program established under this subtitle.
``(7) Socially disadvantaged forest landowner.--The term
`socially disadvantaged forest landowner' means a forest
landowner who is a member of a socially disadvantaged group (as
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
``(8) Veteran forest landowner.--The term `veteran forest
landowner' means a forest landowner who--
``(A) has served in the Armed Forces (as defined in
section 101 of title 38, United States Code); and
``(B)(i) has not previously owned forest land;
``(ii) has owned forest land for not more than 10
years; or
``(iii) is a veteran (as defined in that section)
who has first obtained status as a veteran (as so
defined) during the most recent 10-year period.
``SEC. 1267B. FOREST LAND EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall facilitate
and provide funding for--
``(1) the purchase by eligible entities of forest land
easements in eligible land;
``(2) the development of a voluntary forest management plan
under subsection (b)(4)(F); and
``(3) technical assistance to implement this section.
``(b) Cost-Share Assistance.--
``(1) In general.--The Secretary shall protect the forest
use and related conservation values of eligible land through
cost-share assistance to eligible entities for purchasing
forest land easements.
``(2) Scope of assistance available.--
``(A) Federal share.--Except as provided in
subparagraph (C), an agreement described in paragraph
(4) shall provide for a Federal share of 50 percent of
the fair market value of the forest land easement.
``(B) Determination of fair market value.--The fair
market value of a forest land easement shall be
determined by the Secretary using--
``(i) the Uniform Standards of Professional
Appraisal Practice;
``(ii) an areawide market analysis or
survey; or
``(iii) another industry-approved method.
``(C) Exceptions.--The Secretary may provide for a
Federal share of not to exceed 75 percent of the fair
market value of a forest land easement in the case of--
``(i) forests of special environmental
significance, as determined by the Secretary;
or
``(ii) eligible land owned by--
``(I) a beginning forest landowner;
``(II) a socially disadvantaged
forest landowner;
``(III) a veteran forest landowner;
or
``(IV) a limited resource forest
landowner, as defined by the Secretary.
``(D) Non-federal share.--
``(i) In general.--Under an agreement
described in paragraph (4), the eligible entity
shall provide a share that covers the
difference between--
``(I) the Federal share that is
provided under this paragraph; and
``(II) the fair market value of the
forest land easement.
``(ii) Permissible forms.--The non-Federal
share provided by an eligible entity under this
subparagraph may comprise--
``(I) cash resources;
``(II) a charitable donation or
qualified conservation contribution (as
defined in section 170(h) of the
Internal Revenue Code of 1986) from the
private forest landowner from which the
forest land easement will be purchased;
``(III) costs associated with
securing a deed to the forest land
easement, including the cost of
appraisal, survey, inspection, and
title; and
``(IV) other costs, as determined
by the Secretary.
``(3) Evaluation and ranking of applications.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
``(B) Priority.--In evaluating applications under
the program, the Secretary shall give priority to an
application for the purchase of a forest land easement
that, as determined by the Secretary--
``(i) maintains the viability of working
forest land; and
``(ii) will, not later than the time of
acquisition of the forest land easement,
include a forest management plan developed for
the eligible land, which may comprise--
``(I) a forest stewardship plan
described in section 5(f) of the
Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103a(f));
``(II) another plan approved by the
applicable State forester or State
forestry agency;
``(III) a plan developed under a
third-party certification system; or
``(IV) another plan determined
appropriate by the Secretary.
``(C) Considerations.--In establishing the criteria
under subparagraph (A), the Secretary shall emphasize
support for--
``(i) protecting forest uses and related
conservation values of the eligible land;
``(ii) reducing fragmentation; and
``(iii) maximizing the areas protected from
conversion to non-forest uses.
``(D) Accounting for geographic differences.--The
Secretary may adjust the criteria established under
subparagraph (A) to account for geographic differences,
if the adjustments--
``(i) meet the purposes of the program; and
``(ii) continue to maximize the benefit of
the Federal investment under the program.
``(E) Bidding down.--If the Secretary determines
that 2 or more applications for cost-share assistance
are comparable in achieving the purpose of the program,
the Secretary shall not assign a higher priority to any
of those applications solely on the basis of lesser
cost to the program.
``(4) Agreements with eligible entities.--
``(A) In general.--The Secretary shall enter into
agreements with eligible entities to stipulate the
terms and conditions under which the eligible entity is
permitted to use cost-share assistance provided under
this section.
``(B) Length of agreements.--
``(i) In general.--An agreement under
subparagraph (A) shall be for a term that is--
``(I) in the case of an eligible
entity certified under paragraph (5),
not less than 5 years; and
``(II) in the case of any other
eligible entity, not less than 3, but
not more than 5, years, unless the
Secretary determines that an extension
of time is justified.
``(ii) Expediting closings.--The Secretary
is encouraged to expedite closing on forest
land easements, as practicable.
``(C) Minimum terms and conditions.--An eligible
entity shall be authorized to use its own terms and
conditions for forest land easements so long as the
Secretary determines such terms and conditions--
``(i) are consistent with--
``(I) the purposes of the program;
and
``(II) the forestry activities to
be conducted on the eligible land;
``(ii) permit effective enforcement of the
conservation purposes of the forest land
easements; and
``(iii) include a right of enforcement for
the Secretary that--
``(I) may be used only if the terms
and conditions of the forest land
easement are not enforced by the
eligible entity; and
``(II) does not extend to a right
of inspection unless--
``(aa)(AA) the holder of
the forest land easement fails
to provide monitoring reports
in a timely manner; or
``(BB) the Secretary has a
reasonable and articulable
belief that the terms and
conditions of the forest land
easement have been violated;
and
``(bb) prior to the
inspection, the Secretary
notifies the eligible entity
and the landowner of the
inspection and provides a
reasonable opportunity for the
eligible entity and the
landowner to participate in the
inspection; and
``(iv) include a limit on the impervious
surfaces to be allowed that is consistent with
the forestry activities to be conducted.
``(D) Additional permitted terms and conditions.--
An eligible entity may include terms and conditions for
a forest land easement that--
``(i) are intended to keep the eligible
land subject to the forest land easement in
active forest management, as determined by the
Secretary;
``(ii) allow subsurface mineral development
on the eligible land subject to the forest land
easement and in accordance with applicable
State law if, as determined by the Secretary--
``(I) the subsurface mineral
development--
``(aa) has a limited and
localized impact;
``(bb) does not harm the
forest use and conservation
values of the eligible land
subject to the forest land
easement;
``(cc) does not materially
alter or affect the existing
topography;
``(dd) complies with a
subsurface mineral development
plan that--
``(AA) includes a
plan for the
remediation of impacts
to the forest use and
conservation values of
the eligible land
subject to the forest
land easement; and
``(BB) is approved
by the Secretary prior
to the initiation of
mineral development
activity;
``(ee) is not accomplished
by any surface mining method;
``(ff) is within the
impervious surface limits of
the forest land easement under
subparagraph (C)(iv); and
``(gg) uses practices and
technologies that minimize the
duration and intensity of
impacts to the forest use and
conservation values of the
eligible land subject to the
forest land easement; and
``(II) each area impacted by the
subsurface mineral development is
reclaimed and restored by the holder of
the mineral rights at cessation of
operation; and
``(iii) include other relevant activities
relating to the forest land easement, as
determined by the Secretary.
``(E) Substitution of qualified projects.--An
agreement under subparagraph (A) shall allow, upon
mutual agreement of the parties, substitution of
qualified projects that are identified at the time of
the proposed substitution.
``(F) Voluntary forest management plan.--
``(i) In general.--If the eligible land
does not have a forest management plan at the
time of application, prior to the acquisition
of the forest land easement the landowner shall
develop, in partnership with the eligible
entity, a voluntary forest management plan for
the land subject to the forest land easement.
``(ii) Voluntary forest management plan
defined.--In this subparagraph, the term
`voluntary forest management plan' means--
``(I) a forest stewardship plan
described in section 5(f) of the
Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103a(f));
``(II) another plan approved by the
applicable State forester or State
forestry agency;
``(III) a plan developed under a
third-party certification system; or
``(IV) another plan determined
appropriate by the Secretary.
``(iii) Reimbursement.--The Secretary may
reimburse the landowner for the cost of the
development of the voluntary forest management
plan.
``(G) Effect of violation.--If a violation of a
term or condition of an agreement under subparagraph
(A) occurs--
``(i) the Secretary may terminate the
agreement; and
``(ii) the Secretary may require the
eligible entity to refund all or part of any
payments received by the eligible entity under
the program, with interest on the payments as
determined appropriate by the Secretary.
``(5) Certification of eligible entities.--
``(A) Certification process.--The Secretary shall
establish a process to create forest land easement
acquisition and operational efficiencies, under which
the Secretary shall--
``(i) directly certify eligible entities
that meet established criteria;
``(ii) enter into long-term agreements with
certified eligible entities;
``(iii) accept proposals for cost-share
assistance for the purchase of forest land
easements throughout the duration of such
agreements; and
``(iv) allow a certified eligible entity to
use and modify its own terms and conditions,
notwithstanding subparagraphs (C) and (D) of
paragraph (4).
``(B) Certification criteria.--To be certified
under subparagraph (A)(i), an eligible entity shall
demonstrate to the Secretary that the eligible entity--
``(i) will maintain, at a minimum, for the
duration of an agreement described in
subparagraph (A)(ii)--
``(I) a plan for administering
forest land easements that is
consistent with the purposes of the
program;
``(II) the capacity and resources
to monitor and enforce forest land
easements; and
``(III) policies and procedures to
ensure--
``(aa) the long-term
integrity of forest land
easements;
``(bb) timely completion of
acquisitions of forest land
easements; and
``(cc) timely and complete
evaluation and reporting to the
Secretary on the use of funds
provided under the program;
``(ii)(I) is an eligible entity that has
been accredited by the Land Trust Accreditation
Commission, or by an equivalent accrediting
body, as determined by the Secretary, and has
acquired not fewer than 5 forest land easements
under the program or any other forest easement
program;
``(II) is a State department of agriculture
or other State agency with statutory authority
for forest land protection that has acquired
not fewer than 5 forest land easements under
the program or any other forest easement
program; or
``(III) is an eligible entity not described
in subclause (I) or (II) that has acquired not
fewer than 10 forest land easements under the
program or any other forest easement program;
and
``(iii) has successfully met the
responsibilities of the eligible entity under
the applicable agreements with the Secretary,
as determined by the Secretary, relating to
forest land easements that the eligible entity
has acquired as described in subclause (I),
(II), or (III) of clause (ii).
``(C) Quality assurance.--The Secretary shall
establish an annual quality review process--
``(i) to review a minimum sample of forest
land easements acquired by eligible entities
certified under subparagraph (A)(i);
``(ii) to ensure the integrity of the
forest land easement acquisition process under
subparagraph (A);
``(iii) to establish a nonpunitive process
for corrective actions with respect to the
processes described in subparagraph (A); and
``(iv) to provide for waiver of successive
annual reviews based on demonstrated compliance
with the requirements under this paragraph.
``(c) Method of Enrollment.--The Secretary shall enroll eligible
land under this section through the use of--
``(1) permanent easements; or
``(2) easements for the maximum duration allowed under
applicable State laws.
``(d) Technical Assistance.--The Secretary may provide technical
assistance, on request, to assist in compliance with the terms and
conditions of forest land easements.
``SEC. 1267C. FOREST RESERVE EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall provide
assistance to owners of eligible land to restore, protect, and enhance
eligible land through--
``(1) forest reserve easements and related forest reserve
easement plans; and
``(2) technical assistance to implement this section.
``(b) Easements.--
``(1) Method of enrollment.--
``(A) Authorized methods.--The Secretary shall
enroll eligible land under this section--
``(i) through the use of--
``(I) permanent easements;
``(II) 30-year easements; and
``(III) easements for the maximum
duration allowed under applicable State
laws; and
``(ii) in the case of Indian Tribes, in
accordance with subparagraph (B).
``(B) Acreage owned by indian tribes.--
``(i) Definition of acreage owned by an
indian tribe.--In this subparagraph, the term
`acreage owned by an Indian Tribe' means
eligible land that is--
``(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;
``(V) land that is owned by a
native corporation formed under--
``(aa) section 17 of the
Act of June 18, 1934 (commonly
known as the `Indian
Reorganization Act') (48 Stat.
988, chapter 576; 25 U.S.C.
5124); or
``(bb) section 8 of the
Alaska Native Claims Settlement
Act (43 U.S.C. 1607); or
``(VI) a combination of 1 or more
types of land described in subclauses
(I) through (V).
``(ii) Enrollment of acreage.--In the case
of acreage owned by an Indian Tribe, the
Secretary may enroll acreage in a forest
reserve easement through the use of--
``(I) a 30-year contract (the
compensation for which shall be
equivalent to the compensation for a
30-year easement);
``(II) a permanent easement; or
``(III) any combination of the
methods described in subclauses (I) and
(II).
``(C) Limitation.--Not more than 10 percent of
amounts made available to carry out this section in a
fiscal year may be used for 30-year easements under
this section.
``(2) Evaluation and ranking of offers.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria for offers from
landowners under this section to maximize the
environmental benefits per dollar expended under the
program.
``(B) Priority.--The Secretary shall give priority
to the enrollment of eligible land under this section
that provides the greatest conservation benefit to--
``(i) primarily, species listed as
endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C.
1533); and
``(ii) secondarily, species that are--
``(I) not listed as endangered or
threatened under that section; and
``(II)(aa) candidates for that
listing, State-listed species, or
special concern species; or
``(bb) designated as species of
greatest conservation need by a State
wildlife action plan.
``(C) Other considerations.--The Secretary may give
additional consideration to eligible land the
enrollment under this section of which will--
``(i) improve biological diversity;
``(ii) restore native forest ecosystems;
``(iii) conserve forest land that provides
habitat for species described in subparagraph
(B);
``(iv) reduce fragmentation; and
``(v) increase carbon sequestration.
``(3) Terms and conditions of easements.--
``(A) In general.--A forest reserve easement shall
include terms and conditions that--
``(i) are consistent with the purposes of
the program and the forestry activities to be
conducted on the eligible land;
``(ii) are consistent with the management
objectives of the owner of the eligible land,
as determined appropriate by the Secretary and
identified in the forest reserve easement plan
developed under subsection (c)(1)(A);
``(iii) permit effective enforcement of the
conservation purposes of the forest reserve
easements;
``(iv) provide for the efficient and
effective establishment or enhancement of
forest ecosystem functions and values; and
``(v) include such additional provisions as
the Secretary determines are desirable to carry
out the program or facilitate the practical
administration of the program.
``(B) Adjustment of terms.--To ensure the terms and
conditions of a forest reserve easement are consistent
with the management objectives of the owner of the
eligible land and the purposes of the program, the
Secretary may adjust the standard terms and conditions
for any forest reserve easement prior to acquiring the
forest reserve easement, as long as the adjustment does
not conflict with this section.
``(4) Compensation.--
``(A) Permanent easements.--In the case of eligible
land enrolled in a permanent easement under this
section, the Secretary shall pay the owner of the
eligible land an amount equal to the difference
between, as determined by the Secretary--
``(i) the fair market value of the eligible
land before the enrollment in the permanent
easement; and
``(ii) the fair market value of the
eligible land as encumbered by the permanent
easement.
``(B) Other.--The Secretary shall pay the owner of
eligible land enrolled under this section in a 30-year
contract, a 30-year easement, or an easement for the
maximum duration allowed under applicable State laws
not less than 50 percent, and not more than 75 percent,
of the compensation that would be paid for a permanent
easement in accordance with subparagraph (A).
``(C) Determination of fair market value.--The
Secretary shall determine the fair market value of
eligible land for purposes of this paragraph using the
Uniform Standards of Professional Appraisal Practice or
another industry-approved method.
``(c) Easement Restoration and Management.--
``(1) Forest reserve easement plan.--
``(A) In general.--Land enrolled in a forest
reserve easement shall be subject to a forest reserve
easement plan, to be developed jointly by the landowner
and the Secretary, that describes the activities to be
carried out on the land, as are necessary to restore,
maintain, and enhance habitat for species described in
subsection (b)(2)(B), including--
``(i) converting or restoring forest land
to improve forest ecosystem functions and
values;
``(ii) enhancing or maintaining existing
forest ecosystem functions and values;
``(iii) restoring marginal farmland or
degraded forest land to improve forest
ecosystem functions and values;
``(iv) the conservation treatments and
forest management practices that will achieve
the conservation values and goals that are
consistent with the program, as determined by
the Secretary; or
``(v) any combination of the activities
described in clauses (i) through (iv).
``(B) Practices and measures.--A forest reserve
easement plan developed under subparagraph (A) shall
require such practices and measures as are necessary to
accomplish the activities described in subparagraph
(A), which may include--
``(i) land management and silviculture
practices;
``(ii) vegetative treatments;
``(iii) structural practices and measures;
``(iv) practices to increase carbon
sequestration;
``(v) practices to improve biological
diversity; and
``(vi) other practices and measures, as
determined by the Secretary.
``(2) Financial assistance.--
``(A) In general.--The Secretary shall provide
financial assistance to owners of eligible land to
carry out the activities, practices, and measures
described in the forest reserve easement plan developed
for the eligible land under paragraph (1).
``(B) Payments.--With respect to financial
assistance provided under subparagraph (A), the
Secretary shall--
``(i) in the case of a permanent easement,
pay an amount that is not more than 100 percent
of the eligible costs described in subparagraph
(C), as determined by the Secretary; and
``(ii) in the case of a 30-year contract, a
30-year easement, or an easement for the
maximum duration allowed under applicable State
laws, pay an amount that is not less than 50
percent, and not more than 75 percent, of the
eligible costs described in subparagraph (C),
as determined by the Secretary.
``(C) Eligible costs.--Costs eligible for payments
under this paragraph are the costs of activities,
practices, and measures referred to in subparagraph (A)
that are associated with the initial restoration or
enhancement of the required habitat conditions for the
applicable species.
``(D) Timing of payments.--Payments under this
paragraph shall be made--
``(i) only on a determination by the
Secretary that an activity, practice, or
measure described in subparagraph (C) has been
established in compliance with appropriate
standards and specifications; and
``(ii) as soon as practicable after the
obligation is incurred.
``(E) Limitations.--Cost-sharing payments made by
the Secretary under this paragraph to a person or legal
entity may not exceed $500,000 per easement or
contract.
``(F) Participation in other programs.--The
Secretary shall not prohibit owners of eligible land
enrolled in a forest reserve easement from being
eligible for any other Department of Agriculture or
other Federal program with respect to activities,
practices, and measures not funded by payments under
this paragraph.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide to owners of
eligible land technical assistance to assist the owners in
complying with the terms and conditions of a forest reserve
easement.
``(2) Contracts or agreements.--The Secretary may enter
into 1 or more contracts with private entities or agreements
with a State, nongovernmental organization, or Indian Tribe to
provide technical assistance with the implementation of this
section, including the enrollment, restoration, enhancement, or
maintenance of a forest reserve easement, if the Secretary
determines that the contract or agreement will advance the
purposes of the program.
``(e) Protections and Measures.--
``(1) Protections.--In the case of a landowner that enrolls
eligible land in a forest reserve easement, and whose
conservation activities result in a net conservation benefit
for a species described in subsection (b)(2)(B), the Secretary
shall make available to the landowner safe harbor or similar
assurances and protection under--
``(A) section 7(b)(4) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(b)(4)); or
``(B) section 10(a)(1) of that Act (16 U.S.C.
1539(a)(1)).
``(2) Measures.--If protection under paragraph (1) requires
the taking of measures that are in addition to the measures
covered by the applicable forest reserve easement plan agreed
to under subsection (c)(1), the cost of the additional
measures, and the cost of any permit, shall be considered part
of the forest reserve easement plan for purposes of financial
assistance under subsection (c)(2).
``(f) Administration.--
``(1) Delegation of easement administration.--
``(A) Federal and state agencies.--The Secretary
may delegate any of the management, monitoring, and
enforcement responsibilities of the Secretary under
this section to other Federal or State agencies that
have the appropriate authority, expertise, and
resources necessary to carry out those delegated
responsibilities.
``(B) Conservation organizations.--The Secretary
may delegate any of the management responsibilities of
the Secretary under this section to conservation
organizations if the Secretary determines the
organization has the appropriate expertise and
resources necessary to carry out those delegated
responsibilities.
``(2) Involvement by other agencies and organizations.--In
carrying out this section, the Secretary may consult with--
``(A) private forest landowners;
``(B) other Federal agencies;
``(C) State forestry agencies;
``(D) State fish and wildlife agencies;
``(E) State environmental quality agencies;
``(F) other State conservation agencies; and
``(G) nonprofit conservation organizations.
``SEC. 1267D. ADMINISTRATION.
``(a) Set Aside for Historically Underserved Landowners.--
``(1) Allocation of funds.--Of the amounts made available
for each of fiscal years 2024 through 2028 to carry out the
program, the Secretary shall use, to the maximum extent
practicable, 10 percent to enroll in the program eligible land
owned by--
``(A) a beginning forest landowner;
``(B) a socially disadvantaged forest landowner;
``(C) a veteran forest landowner; or
``(D) a limited resource forest landowner, as
defined by the Secretary.
``(2) Repooling of funds.--In any fiscal year, amounts not
obligated under paragraph (1) by a date determined by the
Secretary shall be available for enrollment of any land
eligible for enrollment under the program.
``(b) Ineligible Land.--
``(1) In general.--The Secretary shall not use amounts made
available to carry out the program for the purposes of
acquiring an easement on--
``(A) land owned by a Federal agency, other than
acreage owned by an Indian Tribe (as defined in section
1267C(b)(1)(B)(i));
``(B) land owned in fee title by a State, including
an agency or a subdivision of a State, or a unit of
local government;
``(C) land subject to an easement or deed
restriction that, as determined by the Secretary,
provides similar protection as would be provided by
enrollment in the program; or
``(D) land the enrollment in the program of which
would undermine the purposes of the program due to on-
site or off-site conditions, such as risk of hazardous
substances, permitted or existing rights of way,
infrastructure development, or adjacent land uses.
``(2) Limitation.--The Secretary shall not impose any
limitation on the use of amounts made available to carry out
the program for the purposes of acquiring an easement on any
land not described in any of subparagraphs (A) through (D) of
paragraph (1).
``(c) Subordination, Exchange, Modification, and Termination.--
``(1) Subordination.--The Secretary may subordinate any
interest in eligible land, or portion of such an interest,
administered by the Secretary (including for the purposes of
utilities and energy transmission services) directly or on
behalf of the Commodity Credit Corporation under the program if
the Secretary determines that the subordination--
``(A) increases conservation values or has a
limited negative effect on conservation values;
``(B) minimally affects the acreage subject to the
interest in eligible land; and
``(C) is in the public interest or furthers the
practical administration of the program.
``(2) Modification and exchange.--
``(A) Authority.--The Secretary may approve a
modification or exchange of any interest in eligible
land, or portion of such an interest, administered by
the Secretary, directly or on behalf of the Commodity
Credit Corporation under the program if the Secretary
determines that--
``(i) no reasonable alternative exists and
the effect on the interest in eligible land is
avoided or minimized to the extent practicable;
and
``(ii) the modification or exchange--
``(I) results in equal or increased
conservation values;
``(II) results in equal or greater
economic value to the United States;
``(III) is consistent with the
original intent of the easement;
``(IV) is consistent with the
purposes of the program; and
``(V) is in the public interest or
furthers the practical administration
of the program.
``(B) Limitation.--In modifying or exchanging an
interest in eligible land, or portion of such an
interest, under this paragraph, the Secretary may not
increase any payment to an eligible entity.
``(3) Termination.--The Secretary may approve a termination
of any interest in eligible land, or portion of such an
interest, administered by the Secretary, directly or on behalf
of the Commodity Credit Corporation under the program if the
Secretary determines that--
``(A) termination is in the interest of the Federal
Government;
``(B) the United States will be fully compensated
for--
``(i) the fair market value of the interest
in eligible land;
``(ii) any costs relating to the
termination; and
``(iii) any damages determined appropriate
by the Secretary; and
``(C) the termination will--
``(i) address a compelling public need for
which there is no practicable alternative even
with avoidance and minimization; and
``(ii) further the practical administration
of the program.
``(4) Consent.--The Secretary shall obtain consent from the
landowner and eligible entity, if applicable, for any
subordination, exchange, modification, or termination of an
interest in eligible land, or portion of such an interest,
under this subsection.
``(5) Notice.--Not less than 90 days before taking any
termination action described in paragraph (3), the Secretary
shall provide written notice of that action to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
``(d) Land Enrolled in Other Programs.--In accordance with section
4(b) of the Forest Conservation Easement Program Act of 2023, land
enrolled in the healthy forests reserve program established under title
V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et
seq.) on the day before the date of enactment of this section shall be
considered enrolled in the program.
``(e) Program Eligibility.--Sections 1001 through 1001F shall not
apply to owners of eligible land for the purposes of determining
eligibility for the program.
``(f) Streamlined Enrollment Process.--The Secretary shall provide
for a streamlined application and enrollment process for determining
the eligibility of forest landowners for the program.
``(g) Environmental Services Market.--The Secretary may not
prohibit through a contract, easement, or agreement under the program a
participant in the program from participating in, and receiving
compensation from, an environmental services market if 1 of the
purposes of the environmental services market is the facilitation of
additional conservation benefits that are consistent with the purposes
of the program.''.
(b) Conforming Amendments.--
(1) Section 1201(a) of the Food Security Act of 1985 (16
U.S.C. 3801(a)) is amended, in the matter preceding paragraph
(1), by striking ``subtitles A through I:'' and inserting
``subtitles A through J:''.
(2) Section 1241(e)(1) of the Food Security Act of 1985 (16
U.S.C. 3841(e)(1)) is amended by striking ``subtitle I'' and
inserting ``subtitle J''.
(3) Section 1244(d) of the Food Security Act of 1985 (16
U.S.C. 3844(d)) is amended by striking ``I.'' and inserting
``J.''.
SEC. 3. FUNDING.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``and for each of fiscal years 2024 through
2028 with respect to paragraph (5),'' after ``2031,'';
and
(B) by adding at the end the following:
``(5) The forest conservation easement program established
under subtitle I, using $100,000,000 for each of fiscal years
2024 through 2028.''; and
(2) in subsection (b), by inserting ``, and each of fiscal
years 2024 through 2028 with respect to paragraph (5) of that
subsection,'' after ``2031''.
SEC. 4. HEALTHY FORESTS RESERVE PROGRAM.
(a) Repeal.--Title V of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6571 et seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts, agreements, and
easements.--The repeal made by subsection (a) shall not affect
the validity or terms of any contract, agreement, or easement
entered into by the Secretary of Agriculture under title V of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et
seq.) before the date of enactment of this Act, or any payments
required to be made in connection with the contract, agreement,
or easement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal made by subsection (a), any funds made available
from the Commodity Credit Corporation to carry out the
healthy forests reserve program established under title
V of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6571 et seq.) (as in effect on the day before
the date of enactment of this Act) shall be made
available to carry out contracts, agreements, or
easements referred to in paragraph (1) that were
entered into prior to the date of enactment of this
Act, subject to the condition that no such contract,
agreement, or easement may be modified so as to
increase the amount of any payment received.
(B) Other.--The Secretary of Agriculture may use
funds made available to carry out the forest
conservation easement program established under
subtitle I of the Food Security Act of 1985 to continue
to carry out contracts, agreements, or easements
referred to in paragraph (1) using the provisions of
law (including regulations) applicable to those
contracts, agreements, and easements as in existence on
the day before the date of enactment of this Act.
(c) Conforming Amendments.--
(1) The table of contents in section 1(b) of the Healthy
Forests Restoration Act of 2003 (Public Law 108-148; 117 Stat.
1887) is amended by striking the items relating to title V.
(2) Section 1271A(1) of the Food Security Act of 1985 (16
U.S.C. 3871a(1)) is amended by striking subparagraph (D) and
inserting the following:
``(D) The forest conservation easement program
established under subtitle I.''.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that the costs of carrying out this Act
shall be offset.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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