16 U.S.C. § 6572 (CONSERVATION)
§ 6572. Eligibility and enrollment of lands in program
(a) In general
The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program.
(b) Eligibility
To be eligible for enrollment in the healthy forests reserve program, land shall be—
(1) private land the enrollment of which will restore, enhance, or otherwise measurably increase the likelihood of recovery of a species listed as endangered or threatened under section 1533 of this title; and
(2) private land the enrollment of which will restore, enhance, or otherwise measurably improve the well-being of species that—
(A) are not listed as endangered or threatened under section 1533 of this title; but
(B) are candidates for such listing, State-listed species, or special concern species.
(c) Other considerations
In enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will—
(1) improve biological diversity; and
(2) increase carbon sequestration.
(d) Enrollment by willing owners
The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.
(e) Methods of enrollment
(1) Authorized methods
Land may be enrolled in the healthy forests reserve program in accordance with—
(A) a 10-year cost-share agreement;
(B) a 30-year easement; or
(C)
(i) a permanent easement; or
(ii) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law.
(2) Limitation on use of cost-share agreements and easements
(A) In general
Of the total amount of funds expended under the program for a fiscal year to acquire easements and enter into cost-share agreements described in paragraph (1)—
(i) not more than 40 percent shall be used for cost-share agreements described in paragraph (1)(A); and
(ii) not more than 60 percent shall be used for easements described in subparagraphs (B) and (C) of paragraph (1).
(B) Repooling
The Secretary may use any funds allocated under clause (i) or (ii) of subparagraph (A) that are not obligated by April 1 of the fiscal year for which the funds are made available to carry out a different method of enrollment during that fiscal year.
(3) Acreage owned by Indian tribes
(A) Definition of acreage owned by Indian tribes
In this paragraph, the term “acreage owned by Indian tribes” includes—
(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; or
(v) land that is owned by a native corporation formed under section 5124 of title 25 or section 1607 of title 43; or
(vi) a combination of 1 or more types of land described in clauses (i) through (v).
(B) Enrollment of acreage
In the case of acreage owned by an Indian tribe, the Secretary may enroll acreage into the healthy forests reserve program through the use of—
(i) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement);
(ii) a 10-year cost-share agreement; or
(iii) any combination of the options described in clauses (i) and (ii).
(f) Enrollment priority
(1) Species
The Secretary of Agriculture shall give priority to the enrollment of land that provides the greatest conservation benefit to—
(A) primarily, species listed as endangered or threatened under section 1533 of this title; and
(B) secondarily, species that—
(i) are not listed as endangered or threatened under section 1533 of this title; but
(ii) are candidates for such listing, State-listed species, or special concern species.
(2) Cost-effectiveness
The Secretary of Agriculture shall also consider the cost-effectiveness of each agreement or easement, and associated restoration plans, so as to maximize the environmental benefits per dollar expended.
(Pub. L. 108–148, title V, § 502, Dec. 3, 2003, 117 Stat. 1911; Pub. L. 110–234, title VIII, § 8205(a), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, § 4(a), title VIII, § 8205(a), June 18, 2008, 122 Stat. 1664, 2056; Pub. L. 113–79, title VIII, § 8203(a), Feb. 7, 2014, 128 Stat. 914.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2014—Subsec. (e)(3). Pub. L. 113–79, § 8203(a)(2), (3), added subpar. (A), designated existing provisions as subpar. (B) and inserted heading, and redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (B) and realigned margins.
Subsec. (e)(3)(C). Pub. L. 113–79, § 8203(a)(1), substituted “clauses (i) and (ii)” for “subparagraphs (A) and (B)”.
2008—Subsecs. (e) to (g). Pub. L. 110–246, § 8205(a), added subsec. (e), redesignated subsec. (g) as (f), and struck out former subsecs. (e) and (f) which related to maximum number of enrolled acres and methods of enrollment.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.