ment, including the cost of appraisal, 
survey, inspection, and title; and 
‘‘(IV) other costs, as determined 
by the Secretary. 
‘‘(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 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, in-
clude a forest management plan developed 
for the eligible land, which may comprise— 
‘‘(I) a forest stewardship plan de-
scribed in section 5(f) of the Coopera-
tive Forestry Assistance Act of 1978 
(16 U.S.C. 2103a(f)); 
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‘‘(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 Sec-
retary 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 DIF-
FERENCES.—The Secretary may adjust the cri-
teria established under subparagraph (A) to ac-
count for geographic differences, if the adjust-
ments— 
‘‘(i) meet the purposes of the pro-
gram; and 
‘‘(ii) continue to maximize the benefit 
of the Federal investment under the pro-
gram. 
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‘‘(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 ap-
plications 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 en-
tity certified under paragraph (5), not 
less than 5 years; and 
‘‘(II) in the case of any other eli-
gible entity, not less than 3, but not 
more than 5, years, unless the Sec-
retary determines that an extension of 
time is justified. 
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‘‘(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 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; 
‘‘(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— 
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‘‘(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 
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; 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 
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active forest management, as determined 
by the Secretary; 
‘‘(ii) allow subsurface mineral develop-
ment 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 de-
velopment— 
‘‘(aa) has a limited and lo-
calized impact; 
‘‘(bb) does not harm the for-
est use and conservation values 
of the eligible land subject to the 
forest land easement; 
‘‘(cc) does not materially 
alter or affect the existing topog-
raphy; 
‘‘(dd) complies with a sub-
surface mineral development plan 
that— 
‘‘(AA) includes a plan 
for the remediation of im-
pacts to the forest use and 
conservation values of the el-
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igible land subject to the 
forest land easement; and 
‘‘(BB) is approved by 
the Secretary prior to the 
initiation of mineral develop-
ment activity; 
‘‘(ee) is not accomplished by 
any surface mining method; 
‘‘(ff) is within the imper-
vious surface limits of the forest 
land easement under subpara-
graph (C)(iv); and 
‘‘(gg) uses practices and 
technologies that minimize the 
duration and intensity of impacts 
to the forest use and conserva-
tion values of the eligible land 
subject to the forest land ease-
ment; and 
‘‘(II) each area impacted by the 
subsurface mineral development is re-
claimed and restored by the holder of 
the mineral rights at cessation of op-
eration; and 
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‘‘(iii) include other relevant activities 
relating to the forest land easement, as de-
termined 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 sub-
stitution. 
‘‘(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 acqui-
sition of the forest land easement the land-
owner shall develop, in partnership with 
the eligible entity, a voluntary forest man-
agement plan for the land subject to the 
forest land easement. 
‘‘(ii) VOLUNTARY
FOREST
MANAGE-
MENT PLAN DEFINED.—In this subpara-
graph, the term ‘voluntary forest manage-
ment plan’ means— 
‘‘(I) a forest stewardship plan de-
scribed in section 5(f) of the Coopera-
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tive 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 Sec-
retary may reimburse the landowner for 
the cost of the development of the vol-
untary forest management plan. 
‘‘(G) 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 
payments as determined appropriate by the 
Secretary. 
‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 
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‘‘(A) CERTIFICATION PROCESS.—The Sec-
retary shall establish a process to create forest 
land easement acquisition and operational effi-
ciencies, 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 condi-
tions, 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)— 
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‘‘(I) a plan for administering for-
est 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 ease-
ments; 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 Accred-
itation Commission, or by an equivalent ac-
crediting body, as determined by the Sec-
retary, and has acquired not fewer than 5 
forest land easements under the program 
or any other forest easement program; 
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‘‘(II) is a State department of agri-
culture or other State agency with statu-
tory 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 de-
scribed in subclause (I) or (II) that has ac-
quired not fewer than 10 forest land ease-
ments under the program or any other for-
est easement program; and 
‘‘(iii) has successfully met the respon-
sibilities of the eligible entity under the ap-
plicable agreements with the Secretary, as 
determined by the Secretary, relating to 
forest land easements that the eligible enti-
ty has acquired as described in subclause 
(I), (II), or (III) of clause (ii). 
‘‘(C) QUALITY
ASSURANCE.—The Sec-
retary 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); 
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‘‘(ii) to ensure the integrity of the for-
est land easement acquisition process 
under subparagraph (A); 
‘‘(iii) to establish a nonpunitive proc-
ess for corrective actions with respect to 
the processes described in subparagraph 
(A); and 
‘‘(iv) to provide for waiver of succes-
sive 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 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. 
‘‘SEC. 1267C. FOREST RESERVE EASEMENTS. 
‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 
shall provide assistance to owners of eligible land to re-
store, protect, and enhance eligible land through— 
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‘‘(1) forest reserve easements and related forest 
reserve easement plans; and 
‘‘(2) technical assistance to implement this sec-
tion. 
‘‘(b) EASEMENTS.— 
‘‘(1) METHOD OF ENROLLMENT.— 
‘‘(A) AUTHORIZED
METHODS.—The Sec-
retary shall enroll eligible land under this sec-
tion— 
‘‘(i) through the use of— 
‘‘(I) permanent easements; 
‘‘(II) 30-year easements; and 
‘‘(III) easements for the max-
imum duration allowed under applica-
ble 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 subpara-
graph, the term ‘acreage owned by an In-
dian Tribe’ means eligible land that is— 
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‘‘(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 na-
tive corporation formed under— 
‘‘(aa) section 17 of the Act 
of June 18, 1934 (commonly 
known as the ‘Indian Reorganiza-
tion Act’) (48 Stat. 988, chapter 
576; 25 U.S.C. 5124); or 
‘‘(bb) section 8 of the Alas-
ka 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). 
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‘‘(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 com-
pensation for which shall be equiva-
lent 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 per-
cent 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 es-
tablish evaluation and ranking criteria for of-
fers 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 
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this section that provides the greatest conserva-
tion benefit to— 
‘‘(i) primarily, species listed as endan-
gered 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 list-
ing, 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 Sec-
retary may give additional consideration to eli-
gible land the enrollment under this section of 
which will— 
‘‘(i) improve biological diversity; 
‘‘(ii) restore native forest ecosystems; 
‘‘(iii) conserve forest land that pro-
vides habitat for species described in sub-
paragraph (B); 
‘‘(iv) reduce fragmentation; and 
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‘‘(v) increase carbon sequestration. 
‘‘(3) TERMS
AND
CONDITIONS
OF
EASE-
MENTS.— 
‘‘(A) IN GENERAL.—A forest reserve ease-
ment 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 manage-
ment objectives of the owner of the eligible 
land, as determined appropriate by the 
Secretary and identified in the forest re-
serve easement plan developed under sub-
section (c)(1)(A); 
‘‘(iii) permit effective enforcement of 
the conservation purposes of the forest re-
serve easements; 
‘‘(iv) provide for the efficient and ef-
fective 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. 
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‘‘(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 ad-
justment 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 eligi-
ble land before the enrollment in the per-
manent easement; and 
‘‘(ii) the fair market value of the eligi-
ble land as encumbered by the permanent 
easement. 
‘‘(B) OTHER.—The Secretary shall pay the 
owner of eligible land enrolled under this sec-
tion in a 30-year contract, a 30-year easement, 
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