I 
118TH CONGRESS 
1ST SESSION H. R. 3424 
To amend the Food Security Act of 1985 to require the Secretary of Agri-
culture 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 conserva-
tion easement program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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— 
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(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 estab-
lish a forest conservation easement program for the con-
servation and restoration of eligible land and natural re-
sources 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 con-
servation values of eligible land by limiting the nega-
tive 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 endan-
gered species and other at-risk species; 
‘‘(4) to maintain and enhance biodiversity; 
‘‘(5) to enhance carbon sequestration; 
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‘‘(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 Sec-
retary may establish. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an agency of State or local govern-
ment or an Indian Tribe (including a land re-
source council established under State law); or 
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bility 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 ease-
ment— 
‘‘(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 conserva-
tion values by conserving land; or 
‘‘(II) the protection of which will fur-
ther a State or local policy consistent with 
the purposes of the program; and 
‘‘(C) in the case of a forest reserve ease-
ment, the enrollment of which will maintain, re-
store, 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 Endan-
gered Species Act of 1973 (16 U.S.C. 
1533); or 
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‘‘(ii) improve the well-being of a spe-
cies 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 spe-
cial concern species; or 
‘‘(bb) designated as a species of 
greatest conservation need by a State 
wildlife action plan. 
‘‘(4) FOREST LAND EASEMENT.—The term ‘for-
est land easement’ means an easement or other in-
terest 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 
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‘‘(B) permits the landowner the right to 
continue working forest production and related 
uses consistent with the applicable forest re-
serve easement plan developed under section 
1267C(c)(1)(A). 
‘‘(6) PROGRAM.—The term ‘program’ means 
the forest conservation easement program estab-
lished under this subtitle. 
‘‘(7) SOCIALLY DISADVANTAGED FOREST LAND-
OWNER.—The term ‘socially disadvantaged forest 
landowner’ means a forest landowner who is a mem-
ber of a socially disadvantaged group (as defined in 
section 2501(a) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279(a))). 
‘‘(8) VETERAN
FOREST
LANDOWNER.—The 
term ‘veteran forest landowner’ means a forest land-
owner 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 
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‘‘(iii) is a veteran (as defined in that sec-
tion) 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 man-
agement plan under subsection (b)(4)(F); and 
‘‘(3) technical assistance to implement this sec-
tion. 
‘‘(b) COST-SHARE ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall protect 
the forest use and related conservation values of eli-
gible land through cost-share assistance to eligible 
entities for purchasing forest land easements. 
‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 
‘‘(A) FEDERAL
SHARE.—Except as pro-
vided in subparagraph (C), an agreement de-
scribed in paragraph (4) shall provide for a 
Federal share of 50 percent of the fair market 
value of the forest land easement. 
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‘‘(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 Profes-
sional Appraisal Practice; 
‘‘(ii) an areawide market analysis or 
survey; or 
‘‘(iii) another industry-approved meth-
od. 
‘‘(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 Sec-
retary; or 
‘‘(ii) eligible land owned by— 
‘‘(I) a beginning forest land-
owner; 
‘‘(II) a socially disadvantaged 
forest landowner; 
‘‘(III) a veteran forest landowner; 
or 
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‘‘(IV) a limited resource forest 
landowner, as defined by the Sec-
retary. 
‘‘(D) NON-FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—Under an agree-
ment described in paragraph (4), the eligi-
ble 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 Inter-
nal Revenue Code of 1986) from the 
private forest landowner from which 
the forest land easement will be pur-
chased; 
‘‘(III) costs associated with se-
curing a deed to the forest land ease-
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