I 

113TH CONGRESS 

2D SESSION H. R. 4551 

To amend the Forest Legacy Program of the Cooperative Forestry Assistance 

Act of 1978 to authorize States to allow certain entities to acquire, 

hold, and manage conservation easements under the program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2014 

Mr. GIBSON (for himself and Mr. GARAMENDI) introduced the following bill; 

which was referred to the Committee on Agriculture 

A BILL 

To amend the Forest Legacy Program of the Cooperative 

Forestry Assistance Act of 1978 to authorize States to 

allow certain entities to acquire, hold, and manage conservation easements under the program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Forest Legacy Man5 agement Flexibility Act’’. 


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1 SEC. 2. AUTHORITY OF STATES TO ALLOW QUALIFIED OR2 GANIZATIONS TO ACQUIRE, HOLD, AND MAN3 AGE CONSERVATION EASEMENTS UNDER 

4 THE FOREST LEGACY PROGRAM. 

5 Section 7(l) of the Cooperative Forestry Assistance 

6 Act of 1978 (16 U.S.C. 2103c) is amended by adding at 

7 the end the following new paragraph: 

8 ‘‘(4) STATE AUTHORIZATION.— 

9 ‘‘(A) IN GENERAL.—At the request of a 

10 State acting through the State Lead Agency, 

11 the Secretary shall authorize the State to allow 

12 qualified organizations, as defined in section 

13 170(h)(3) of the Internal Revenue Code of 

14 1986, and organized for one or more of the 

15 purposes described in section 170(h)(4)(A) of 

16 that Code, to acquire, hold, and manage con17 servation easements, using funds granted to the 

18 State under this subsection, for purposes of the 

19 Forest Legacy Program in the State. 

20 ‘‘(B) ELIGIBILITY.—To be eligible to ac21 quire and manage conservation easements 

22 under this paragraph, a qualified organization 

23 described in subparagraph (A) must dem24 onstrate to the Secretary the abilities necessary 

25 to acquire, monitor, and enforce interests in 

26 forestland consistent with the Forest Legacy 


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1 Program and the assessment of need for the 

2 State. 

3 ‘‘(C) REVERSION.—If the Secretary, or a 

4 State acting through the State Lead Agency, 

5 makes any of the determinations described in 

6 subparagraph (D) with respect to a conserva7 tion easement acquired by a qualified organiza8 tion under the authority of subparagraph (A)— 

9 ‘‘(i) all right, title, and interest of the 

10 qualified organization in and to the con11 servation easement shall terminate; and 

12 ‘‘(ii) all right, title, and interest in 

13 and to the conservation easement shall re14 vert to the State or other qualified des15 ignee as approved by the State. 

16 ‘‘(D) DETERMINATIONS.—The determina17 tions required for operation of the reversionary 

18 interest retained in subparagraph (C) are 

19 that— 

20 ‘‘(i) the qualified organization is un21 able to carry out its responsibilities under 

22 the Forest Legacy Program in the State 

23 with respect to the conservation easement; 

24 ‘‘(ii) the conservation easement has 

25 been modified in a way that is inconsistent 


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1 with the purposes of the Forest Legacy 

2 Program or the assessment of need for the 

3 State; or 

4 ‘‘(iii) the conservation easement has 

5 been conveyed to another person (other 

6 than a qualified organization approved by 

7 the State and the Secretary).’’. 

Æ 


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