108 HR 3424 IH: Forest Conservation Easement Program Act of 2023
U.S. House of Representatives
2023-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3424
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.
1.

Short title
This Act may be cited as the “Forest Conservation Easement Program Act of 2023”.
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:
“I

Forest Conservation Easement Program
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.
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.
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.
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.
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.”.
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”.
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.”.
5.

Sense of Congress
It is the sense of Congress that the costs of carrying out this Act shall be offset.