167 
lish a process under which the Secretary shall 
annually’’; 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) review, with respect to each State, 
the actual practice costs and rates of payments 
(or, where actual practice costs and rates of 
payments are not available, estimates of such 
practice costs and rates) made to producers 
pursuant to programs under this title for prac-
tices on eligible land; and’’; and 
(C) in subparagraph (B)— 
(i) in clause (ii), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (iii) as 
clause (iv); 
(iii) by inserting after clause (ii) the 
following: 
‘‘(iii) accounts for the variability in 
costs of implementing practices on eligible 
land under this title; and’’; and 
(iv) in clause (iv), as so redesignated, 
by striking ‘‘regional, State, and’’ and in-
serting ‘‘State and’’. 
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(2) GUIDANCE; REVIEW.—Section 1244(j)(2) of 
the Food Security Act of 1985 (16 U.S.C. 
3844(j)(2)) is amended— 
(A) in subparagraph (A), by striking ‘‘esti-
mates for’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (ii) as 
clause (iii); 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) monitoring for and identifying 
significant variability in practice costs in 
each year; and’’; and 
(iv) in clause (iii), as so redesignated, 
by inserting ‘‘and, when appropriate, 
adopting any recommendations made by 
such State technical committee’’ after 
‘‘that State’’. 
(3) EFFECT
ON
EXISTING
CONTRACTS.—Sec-
tion 1244(j) of the Food Security Act of 1985 (16 
U.S.C. 3844(j)) is amended by adding at the end the 
following: 
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‘‘(3) EFFECT
ON
EXISTING
CONTRACTS.—In 
order to provide rates of payments that are commen-
surate with the costs of implementing practices pur-
suant to programs under this title, the Secretary 
shall establish processes and procedures for updating 
rates of payments under a contract or agreement in 
effect under this title to reflect the appropriate prac-
tice costs and rates of payments determined under 
paragraph (2)(B) for the year in which the practice 
is implemented.’’. 
(d) SOURCE WATER PROTECTION THROUGH TAR-
GETING OF AGRICULTURAL PRACTICES.—Section 1244(n) 
of the Food Security Act of 1985 (16 U.S.C. 3844(n)) 
is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by redesignating clause (ii) as 
clause (iii); 
(ii) in clause (i), by striking the 
‘‘and’’ at the end; and 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) identify in each State a source 
water protection coordinator who shall be 
responsible for coordinating such collabora-
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tion with community water systems under 
this subsection; and’’; and 
(B) in subparagraph (B), by striking 
‘‘under subparagraph (A)(ii)’’ and inserting 
‘‘under subparagraph (A)(iii)’’; 
(2) in paragraph (3), strike ‘‘2031’’ and insert 
‘‘2029’’; and 
(3) by adding at the end the following: 
‘‘(4) PUBLICLY AVAILABLE INFORMATION.—Be-
ginning on the date of enactment of the Farm, 
Food, and National Security Act of 2024, the Sec-
retary, acting through the Chief of the Natural Re-
sources Conservation Service, shall make publicly 
available— 
‘‘(A) an annual report that details— 
‘‘(i) for each local priority area identi-
fied under paragraph (2)(A)(i)— 
‘‘(I) the conservation programs 
under which assistance is provided 
pursuant to paragraph (1); 
‘‘(II) the practices implemented 
pursuant to paragraph (1); and 
‘‘(III) the number of contracts 
and acres devoted to such practices; 
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‘‘(ii) for each conservation program 
administered by the Secretary— 
‘‘(I) the amount of funds obli-
gated and expended for practices im-
plemented pursuant to paragraph (1); 
and 
‘‘(II) information regarding the 
status of compliance with paragraph 
(3); and 
‘‘(iii) the practices, by State, that are 
receiving increased incentives and higher 
payment rates under paragraph (2)(A)(iii); 
and 
‘‘(B) through an interactive map, aggre-
gated data detailed under subparagraph (A).’’. 
(e) ENCOURAGEMENT OF HABITAT CONNECTIVITY 
AND WILDLIFE CORRIDORS.—Section 1244 of the Food 
Security Act of 1985 (16 U.S.C. 3844) is amended by 
adding at the end the following: 
‘‘(q) ENCOURAGEMENT OF HABITAT CONNECTIVITY 
AND WILDLIFE CORRIDORS.—In carrying out any con-
servation program administered by the Secretary, the Sec-
retary may, as appropriate, encourage the use of conserva-
tion practices that support the development, restoration, 
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and maintenance of habitat connectivity and wildlife cor-
ridors.’’. 
SEC. 2505. EXPERIENCED SERVICES PROGRAM. 
(a) 
ESTABLISHMENT
AND
PURPOSE.—Section 
1252(a) of the Food Security Act of 1985 (16 U.S.C. 
3851(a)) is amended to read as follows: 
‘‘(a) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary shall establish an experienced services program (re-
ferred to in this section as the ‘program’) for the purpose 
of utilizing the talents of individuals who are age 55 or 
older, but who are not employees of the Department of 
Agriculture or a State agriculture department, to provide 
technical, professional, and administrative services in sup-
port of conservation programs administered by the Sec-
retary, including conservation planning assistance, tech-
nical consultation, and assistance with design and imple-
mentation of conservation practices.’’. 
(b) FUNDING SOURCE.—Section 1252(c) of the Food 
Security Act of 1985 (16 U.S.C. 3851(c)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to subsection (a), the Sec-
retary may carry out the program using funds made 
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173 
available to carry out each conservation program ad-
ministered by the Secretary.’’; and 
(2) by striking paragraph (3). 
Subtitle G—Agricultural 
Conservation Easement Program 
SEC. 2601. DEFINITIONS. 
Section 1265A of the Food Security Act of 1985 (16 
U.S.C. 3865a) is amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraphs (3) through 
(7) as paragraphs (2) through (6), respectively; and 
(3) in paragraph (3)(A), as so redesignated, by 
amending clause (i) to read as follows: 
‘‘(i) that is subject to a pending offer 
for purchase of an agricultural land ease-
ment from an eligible entity;’’. 
SEC. 2602. AGRICULTURAL LAND EASEMENTS. 
(a) 
AVAILABILITY
OF
ASSISTANCE.—Section 
1265B(a) of the Food Security Act of 1985 (16 U.S.C. 
3865b) is amended— 
(1) in paragraph (1), by striking ‘‘in eligible 
land;’’ and inserting ‘‘on eligible land; and’’; 
(2) in paragraph (2), by striking ‘‘(iv); and’’ 
and inserting ‘‘(iii).’’; and 
(3) by striking paragraph (3). 
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(b) COST-SHARE ASSISTANCE.— 
(1) SCOPE OF ASSISTANCE AVAILABLE.—Sec-
tion 1265B(b)(2) of the Food Security Act of 1985 
(16 U.S.C. 3865b(b)(2)) is amended— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—An agreement de-
scribed in paragraph (4) shall provide for 
a Federal share determined by the Sec-
retary of an amount not to exceed 65 per-
cent of the fair market value of the agri-
cultural land easement, as determined by 
the Secretary using— 
‘‘(I) the Uniform Standards of 
Professional Appraisal Practice; 
‘‘(II) an areawide market anal-
ysis or survey; or 
‘‘(III) another industry-approved 
method. 
‘‘(ii) 
SOCIALLY
DISADVANTAGED 
FARMERS AND RANCHERS EXCEPTION.—In 
the case of eligible land with respect to 
which a socially disadvantaged farmer or 
rancher holds an ownership interest of not 
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less than 50 percent, the Secretary may 
provide an amount not to exceed 90 per-
cent of the fair market value of the agri-
cultural land easement. 
‘‘(iii) GRASSLANDS
EXCEPTION.—In 
the case of grassland of special environ-
mental significance, as determined by the 
Secretary, the Secretary may provide an 
amount not to exceed 75 percent of the 
fair market value of the agricultural land 
easement.’’; 
(B) in subparagraph (B)— 
(i) by amending clause (i) to read as 
follows: 
‘‘(i) IN GENERAL.—Under the agree-
ment, the eligible entity shall provide a 
non-Federal share that is equivalent to the 
remainder of the fair market value of the 
agricultural land easement not provided by 
the Secretary under subparagraph (A).’’; 
(ii) by striking clause (ii); 
(iii) by redesignating clause (iii) as 
clause (ii); and 
(iv) in clause (ii), as so redesignated, 
in the matter preceding subclause (I), by 
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striking ‘‘subparagraph’’ and inserting 
‘‘paragraph’’; and 
(C) by inserting after subparagraph (B) 
the following: 
‘‘(C) LOWER COST-SHARE OPTION.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
paragraph (4)(C)(v), an eligible entity may 
elect to enter into an agreement under 
paragraph (4) in which the terms and con-
ditions of an agricultural land easement 
funded under the agreement do not include 
a right of enforcement for the Secretary if 
the eligible entity agrees to a Federal 
share that does not exceed 25 percent of 
the fair market value of the agricultural 
land easement, as determined by the Sec-
retary under subparagraph (A). 
‘‘(ii) MINIMUM
TERMS
AND
CONDI-
TIONS.—Under an agreement described in 
clause (i), an eligible entity shall be au-
thorized to use its own terms and condi-
tions for agricultural land easements so 
long as the Secretary determines such 
terms and conditions— 
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‘‘(I) are consistent with the pur-
poses of the program; and 
‘‘(II) permit effective enforce-
ment of the conservation purposes of 
such easements. 
‘‘(iii) ENTITY ENFORCEMENT.—Under 
an agreement described in clause (i), the 
Secretary shall require the terms and con-
ditions for the agricultural land easement 
to include a right of enforcement for the 
eligible entity. 
‘‘(iv) CASH
CONTRIBUTION.—Under 
an agreement described in clause (i), the 
eligible entity shall provide cash resources 
in an amount that is not less than 50 per-
cent of the fair market value of the agri-
cultural land easement, as determined by 
the Secretary under subparagraph (A).’’. 
(2) EVALUATION
AND
RANKING
OF
APPLICA-
TIONS.—Section 1265B(b)(3) of the Food Security 
Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by 
adding at the end the following: 
‘‘(F) POOLING
OF
APPLICATIONS.—The 
Secretary may evaluate and rank applications 
submitted by eligible entities for the purchase 
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of agricultural land easements from landowners 
who are socially disadvantaged farmers or 
ranchers separately from applications submitted 
for the purchase of agricultural land easements 
from other landowners.’’. 
(3) AGREEMENTS WITH ELIGIBLE ENTITIES.— 
Section 1265B(b)(4) of the Food Security Act of 
1985 (42 U.S.C. 3865b(b)(4)) is amended— 
(A) in subparagraph (C)— 
(i) by striking clause (iii); 
(ii) by redesignating clauses (iv) and 
(v) as clauses (iii) and (iv), respectively; 
(iii) in clause (iii), as so redesignated, 
by striking the ‘‘and’’ at the end; 
(iv) in clause (iv), as so redesignated, 
by striking the period at the end and in-
serting ‘‘;’’; and 
(v) by adding at the end the following: 
‘‘(v) include a right of enforcement for 
the Secretary that— 
‘‘(I) may be used only if the 
terms and conditions of the easement 
are not enforced by the eligible entity; 
and 
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‘‘(II) does not extend to a right 
of inspection unless— 
‘‘(aa)(AA) the holder of the 
easement fails to provide moni-
toring reports in a timely man-
ner; or 
‘‘(BB) the Secretary has a 
reasonable and articulable belief 
that the terms and conditions of 
the 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 reason-
able opportunity for the eligible 
entity and the landowner to par-
ticipate in the inspection; and 
‘‘(vi) include a right of the Secretary 
to require the transfer of the easement to 
a different eligible entity if the eligible en-
tity that holds the easement ceases to exist 
or is no longer eligible to participate in the 
program, as determined by the Secretary.’’; 
(B) in subparagraph (D)— 
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(i) in clause (ii)— 
(I) in subclause (I)(ff), by strik-
ing ‘‘(v)’’ and inserting ‘‘(iv)’’; and 
(II) in subclause (II), by striking 
the ‘‘and’’ at the end; 
(ii) in subclause (iii), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by inserting at the end the fol-
lowing: 
‘‘(iv) do not conflict with any min-
imum terms or conditions under subpara-
graph (C) that may be required.’’. 
(C) by redesignating subparagraphs (E) 
and (F) as subparagraphs (F) and (G), respec-
tively; and 
(D) by inserting after subparagraph (D) 
the following: 
‘‘(E) MODIFICATION OF TERMS AND CON-
DITIONS.—An eligible entity shall be authorized 
to modify a term or condition of an agricultural 
land easement funded under an agreement 
under subparagraph (A) if such modification 
does not conflict with any minimum term or 
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(II) in subclause (II), by striking 
the period at the end and inserting ‘‘; 
or’’; 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) is an eligible entity not described 
in clause (ii) or (iii) that has— 
‘‘(I) acquired not fewer than 10 
agricultural land easements under the 
program or any predecessor program; 
and 
‘‘(II) successfully met the respon-
sibilities of the eligible entity under 
the applicable agreements with the 
Secretary, as determined by the Sec-
retary, relating to agricultural land 
easements that the eligible entity has 
acquired under the program or any 
predecessor program.’’; and 
(C) in subparagraph (C)— 
(i) in the header, by striking ‘‘REVIEW 
AND
REVISION’’ and inserting ‘‘REVIEW 
AND REVOCATION’’; 
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(ii) in the header of clause (i) by 
striking ‘‘REVIEW’’ and inserting ‘‘CER-
TIFIED ENTITY REVIEW’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) EASEMENT REVIEW.—The Sec-
retary shall establish and conduct an an-
nual quality review process to— 
‘‘(I) review a sample set of ease-
ments acquired by certified eligible en-
tities; 
‘‘(II) ensure the integrity of the 
easement acquisition process under 
this section; 
‘‘(III) establish and enforce a 
process for corrective actions; and 
‘‘(IV) provide for a waiver of suc-
cessive easement reviews based on 
demonstrated compliance.’’. 
SEC. 2603. WETLAND RESERVE EASEMENTS. 
(a) EASEMENTS.—Section 1265C(b) of the Food Se-
curity Act of 1985 (16 U.S.C. 3865c(b)) is amended— 
(1) in paragraph (1)(D), by striking ‘‘tribes’’ 
and inserting ‘‘Tribes and landowners who are so-
cially disadvantaged farmers or ranchers’’; and 
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(2) by inserting after paragraph (3)(C) the fol-
lowing: 
‘‘(D) POOLING
OF
APPLICATIONS.—The 
Secretary may evaluate and rank offers from 
landowners who are socially disadvantaged 
farmers or ranchers separately from offers from 
other landowners.’’. 
(b) EASEMENT RESTORATION.—Section 1265C(c)(1) 
of the Food Security Act of 1985 (16 U.S.C. 3865c(c)(1)) 
is amended by striking ‘‘subsection (f)’’ and inserting 
‘‘subsection (g)’’. 
(c) EASEMENT STEWARDSHIP.—Section 1265C of 
the Food Security Act of 1985 (16 U.S.C. 3865c) is 
amended— 
(1) by redesignating subsections (d) through (g) 
as subsections (e) through (h); and 
(2) by inserting after subsection (c), the fol-
lowing: 
‘‘(d) EASEMENT STEWARDSHIP.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
financial assistance to owners of eligible land en-
rolled under this section for the repair, necessary 
maintenance, and enhancement activities described 
in the wetland reserve easement plan developed for 
the eligible land under subsection (g)(1). 
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‘‘(2) EVALUATION OF STEWARDSHIP NEED.— 
The Secretary shall— 
‘‘(A) regularly assess land enrolled under 
this section to identify maintenance and man-
agement needs, including any needed repair or 
enhancement of existing structural practices, in 
accordance with the applicable wetland reserve 
easement plan; 
‘‘(B) consistent with the purposes of the 
program, create, execute, and update as nec-
essary based on the assessments carried out 
under subparagraph (A), a stewardship strategy 
for— 
‘‘(i) prioritizing and addressing the 
needs identified under subparagraph (A); 
and 
‘‘(ii) projecting the amount of annual 
funding needed for financial and technical 
assistance to address such needs; and 
‘‘(C) establish a 5-year schedule to address 
such needs. 
‘‘(3) PAYMENTS.—In carrying out paragraph 
(1), the Secretary shall make payments in an 
amount that is not more than 100 percent of the eli-
gible costs, as determined by the Secretary. 
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‘‘(4) REPORT.—Not later than 2 years after the 
date of enactment of the Farm, Food, and National 
Security Act of 2024, the Secretary shall submit to 
the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report that in-
cludes— 
‘‘(A) an inventory of the existing steward-
ship needs of all wetland reserve easements, 
based on the assessments carried out under 
paragraph (2); 
‘‘(B) the stewardship strategy created 
under paragraph (2)(B); 
‘‘(C) the amounts the Secretary plans to 
allocate to address such stewardship needs, 
based on projections made pursuant to para-
graph (2)(B)(ii); and 
‘‘(D) the planned use of compatible uses 
under subsection (b)(5)(C), contracts or agree-
ments under subsection (e)(2), or wetland re-
serve easement plans under subsection (g)(1) to 
ensure that each such stewardship need is ad-
dressed.’’. 
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(d) ASSISTANCE.—Subsection (e) of section 1265C of 
the Food Security Act of 1985 (16 U.S.C. 3865c), as so 
redesignated, is amended— 
(1) in the header, by striking ‘‘TECHNICAL AS-
SISTANCE’’ and inserting ‘‘ASSISTANCE’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) CONTRACTS OR AGREEMENTS.—The Sec-
retary may enter into 1 or more contracts or agree-
ments with a Federal, State, or local agency, a non-
governmental organization, an Indian Tribe, or a 
private entity to carry out necessary restoration, en-
hancement, maintenance, repair, assessment, or 
monitoring of a wetland reserve easement if the Sec-
retary determines that the contract or agreement 
will advance the purposes of the program.’’. 
(e) WETLAND RESERVE ENHANCEMENT OPTION.— 
Subsection (f) of section 1265C of the Food Security Act 
of 1985 (16 U.S.C. 3865c), as so redesignated, is amend-
ed— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
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‘‘(2) FUNDING.—Of the funds made available 
to carry out this section, the Secretary shall reserve 
not less than 15 percent to carry out this sub-
section.’’. 
SEC. 2604. ADMINISTRATION. 
(a) SUBORDINATION, EXCHANGE, MODIFICATION, 
AND TERMINATION.—Section 1265D(c) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3865d(c)) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) MODIFICATION AND EXCHANGE.— 
‘‘(A) MODIFICATION.— 
‘‘(i) AUTHORITY.—The Secretary may 
approve a modification of any interest in 
land, or portion of such interest, adminis-
tered by the Secretary, either directly or 
on behalf of the Commodity Credit Cor-
poration, under the program if the Sec-
retary determines that the modification— 
‘‘(I) will support the long-term 
agricultural viability of the applicable 
farm or ranch operation and the con-
servation values of the applicable 
easement; 
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‘‘(II) will result in equal or in-
creased conservation values; 
‘‘(III) is consistent with the origi-
nal intent of the easement; 
‘‘(IV) is consistent with the pur-
poses of the program; and 
‘‘(V) is in the public interest or 
furthers the practical administration 
of the program, including correcting 
errors, exercising reserved rights, and 
increasing 
flexibility 
to 
recognize 
changes in water availability or ad-
ministration. 
‘‘(ii) LIMITATION.—In modifying an 
interest in land, or portion of such inter-
est, under this subparagraph, the Sec-
retary may not, except in the case of a 
modification that includes a change to an 
easement to add acreage, increase any pay-
ment to an eligible entity. 
‘‘(iii) NEPA COMPLIANCE.—An action 
taken pursuant to this subparagraph may 
not be considered a major Federal action 
under section 102(2)(C) of the National 
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Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)). 
‘‘(B) EXCHANGE.— 
‘‘(i) AUTHORITY.—The Secretary may 
approve an exchange of any interest in 
land, or portion of such interest, adminis-
tered by the Secretary, either directly or 
on behalf of the Commodity Credit Cor-
poration, under the program if the Sec-
retary determines that— 
‘‘(I) no reasonable alternative ex-
ists and the effect on the interest in 
land is avoided or minimized to the 
extent practicable; and 
‘‘(II) the exchange— 
‘‘(aa) results in equal or in-
creased conservation values; 
‘‘(bb) results in equal or 
greater economic value to the 
United States; 
‘‘(cc) is consistent with the 
original intent of the easement; 
‘‘(dd) is consistent with the 
purposes of the program; and 
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‘‘(ee) is in the public inter-
est or furthers the practical ad-
ministration of the program. 
‘‘(ii) LIMITATION.—In exchanging an 
interest in land, or portion of such inter-
est, under this subparagraph, the Sec-
retary may not increase any payment to an 
eligible entity.’’; and 
(2) by adding at the end the following: 
‘‘(6) DE MINIMIS ADJUSTMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
approve and make de minimis adjustments to 
any interest in land, or a portion of such inter-
est, administered by the Secretary, directly or 
on behalf of the Commodity Credit Corporation, 
under the program if the Secretary determines 
that the adjustment— 
‘‘(i) furthers the practical administra-
tion of the program; and 
‘‘(ii) is not a subordination, modifica-
tion, exchange, or termination, as deter-
mined by the Secretary. 
‘‘(B) TYPES
OF
DE
MINIMIS
ADJUST-
MENTS.—De minimis adjustments made under 
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this paragraph may include title corrections and 
other minor adjustments, including— 
‘‘(i) typographical error corrections; 
‘‘(ii) minor changes in legal descrip-
tions as a result of survey or mapping er-
rors; 
‘‘(iii) the transfer of an interest of an 
eligible entity to another eligible entity; 
‘‘(iv) changes to a building envelope 
boundary; 
‘‘(v) relocation of easement access; 
‘‘(vi) authorization of temporary work 
areas not associated with other easement 
administration actions; and 
‘‘(vii) other adjustments determined 
necessary by the Secretary.’’. 
(b) ADJUSTED GROSS INCOME EXEMPTION.—Section 
1265D of the Food Security Act of 1985 (16 U.S.C. 
3865D) is amended by adding at the end the following: 
‘‘(f) ADJUSTED GROSS INCOME EXEMPTION.—The 
adjusted gross income limitation described in section 
1001D(b)(1) shall not apply to any payment or other as-
sistance under this subtitle.’’. 
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Subtitle H—Forest Conservation 
Easement Program 
SEC. 2701. FOREST CONSERVATION EASEMENT PROGRAM. 
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 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 working forest land, and related conservation val-
ues of eligible land, by limiting the negative effects 
of nonforest land uses of such land; 
‘‘(2) to protect and enhance forest ecosystem 
and landscape functions and values; 
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‘‘(3) to promote the restoration, protection, and 
improvement of habitat of species that are threat-
ened, endangered, or otherwise at risk; and 
‘‘(4) 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) ACREAGE OWNED BY AN INDIAN TRIBE.— 
The term ‘acreage owned by an Indian Tribe’ 
means— 
‘‘(A) land that is held in trust by the 
United States for Indian Tribes or individual 
Indians; 
‘‘(B) land, the title to which is held by In-
dian Tribes or individual Indians subject to 
Federal restrictions against alienation or en-
cumbrance; 
‘‘(C) land that is subject to rights of use, 
occupancy, and benefit of certain Indian Tribes; 
‘‘(D) land that is held in fee title by an In-
dian Tribe; 
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‘‘(E) land that is owned by a native cor-
poration formed under— 
‘‘(i) section 17 of the Act of June 18, 
1934 (commonly known as the ‘Indian Re-
organization Act’) (25 U.S.C. 5124); or 
‘‘(ii) section 8 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1607); 
and 
‘‘(F) a combination of 1 or more types of 
land described in subparagraphs (A) through 
(E). 
‘‘(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 
‘‘(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; 
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‘‘(ii) an organization described in sec-
tion 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 sec-
tion 509(a) of that Code; or 
‘‘(II) section 509(a)(3) of that 
Code and is controlled by an organiza-
tion described in section 509(a)(2) of 
that Code. 
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 
means private land or acreage owned by an Indian 
Tribe— 
‘‘(A) that is— 
‘‘(i) forest land; or 
‘‘(ii) being restored to forest land; 
‘‘(B) in the case of a forest land ease-
ment— 
‘‘(i) the enrollment of which would 
protect working forests and related con-
servation 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 
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‘‘(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 
‘‘(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 
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‘‘(B) permits the landowner the right to 
continue working forest production and related 
uses, consistent with an applicable forest man-
agement plan. 
‘‘(5) FOREST MANAGEMENT PLAN.—The term 
‘forest management plan’ means— 
‘‘(A) a forest stewardship plan described in 
section 5(f) of the Cooperative Forestry Assist-
ance Act of 1978 (16 U.S.C. 2103a(f)); 
‘‘(B) another plan approved by the applica-
ble State forester or State forestry agency; 
‘‘(C) a plan developed under a third-party 
certification system determined appropriate by 
the Secretary; or 
‘‘(D) another plan determined appropriate 
by the Secretary. 
‘‘(6) 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 re-
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serve easement plan developed under section 
1267C(c)(1)(A). 
‘‘(7) PROGRAM.—The term ‘program’ means 
the forest conservation easement program estab-
lished under this subtitle. 
‘‘(8) 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))). 
‘‘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 on eligible land; 
‘‘(2) the development of a forest management 
plan; and 
‘‘(3) technical assistance to implement this sec-
tion. 
‘‘(b) COST-SHARE ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall protect 
working forests, and related conservation values of 
eligible land, through cost-share assistance to eligible 
entities for purchasing forest land easements. 
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‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 
‘‘(A) FEDERAL SHARE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an agreement described 
in paragraph (4) shall provide for a Fed-
eral share of 50 percent of the fair market 
value of the forest land easement, as deter-
mined by the Secretary. 
‘‘(ii) EXCEPTION.—An agreement de-
scribed in paragraph (4) may provide for a 
Federal share of not more than 75 percent 
of the fair market value of a forest land 
easement in the case of eligible land that 
is— 
‘‘(I) a forest of special environ-
mental significance, as determined by 
the Secretary; or 
‘‘(II) owned by a socially dis-
advantaged forest landowner. 
‘‘(B) NON-FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—Under an agree-
ment described in paragraph (4), the eligi-
ble entity shall provide a non-Federal 
share that is equivalent to the remainder 
of the fair market value of the forest land 
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easement not provided by the Secretary 
under subparagraph (A). 
‘‘(ii) PERMISSIBLE FORMS.—The non- 
Federal share provided by an eligible entity 
under this paragraph 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-
ment, including the cost of appraisal, 
survey, inspection, and title; and 
‘‘(IV) other costs, as determined 
by the Secretary. 
‘‘(C) DETERMINATION
OF
FAIR
MARKET 
VALUE.—For purposes of this paragraph, the 
Secretary shall determine the fair market value 
of a forest land easement using— 
‘‘(i) the Uniform Standards of Profes-
sional Appraisal Practice; 
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‘‘(ii) an areawide market analysis or 
survey; or 
‘‘(iii) another industry-approved meth-
od. 
‘‘(3) EVALUATION AND RANKING OF APPLICA-
TIONS.— 
‘‘(A) CRITERIA.—The Secretary shall es-
tablish evaluation and ranking criteria to maxi-
mize the benefit of Federal investment under 
the program. 
‘‘(B) PRIORITY.—In evaluating applica-
tions under the program, the Secretary shall 
give priority to an application for the purchase 
of a forest land easement— 
‘‘(i) that maintains the viability of a 
working forest, as determined by the Sec-
retary; and 
‘‘(ii) on eligible land for which a forest 
management plan has been developed at 
the time of application. 
‘‘(C) CONSIDERATIONS.—In establishing 
the criteria under subparagraph (A), the Sec-
retary shall emphasize support for— 
‘‘(i) protecting working forests and re-
lated conservation values of eligible land; 
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‘‘(ii) reducing fragmentation of forest 
land; and 
‘‘(iii) maximizing the areas protected 
from conversion to nonforest uses. 
‘‘(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.—An 
agreement under subparagraph (A) shall be for 
a term that is not less than 3, but not more 
than 5, years, unless the Secretary determines 
that a longer term is justified. 
‘‘(C) MINIMUM TERMS AND CONDITIONS.— 
An eligible entity shall be authorized to use its 
own terms and conditions for forest land ease-
ments 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; 
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‘‘(ii) permit effective enforcement of 
the conservation purposes of the forest 
land easements; 
‘‘(iii) include a requirement to imple-
ment a forest management plan on eligible 
land subject to a forest land easement; 
‘‘(iv) include a limit on the impervious 
surfaces to be allowed that is consistent 
with the forestry activities to be conducted; 
and 
‘‘(v) 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 pro-
vide monitoring reports in a 
timely manner; or 
‘‘(BB) the Secretary has a 
reasonable and articulable belief 
that the terms and conditions of 
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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 reason-
able opportunity for the eligible 
entity and the landowner to par-
ticipate in the inspection. 
‘‘(D) 
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 sub-
stitution. 
‘‘(E) EFFECT OF VIOLATION.—If a viola-
tion 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 el-
igible entity to refund all or part of any 
payments received by the eligible entity 
under the program, with interest on the 
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payments as determined appropriate by the 
Secretary. 
‘‘(5) FOREST MANAGEMENT PLAN.— 
‘‘(A) 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 forest management plan for the land subject 
to the forest land easement. 
‘‘(B) REIMBURSEMENT.—The Secretary 
may reimburse the landowner for the cost of 
the development of a forest management plan 
for eligible land enrolled under this section. 
‘‘(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 al-
lowed under applicable State laws. 
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance, on request, to assist in com-
pliance with the terms and conditions of forest land ease-
ments. 
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