TITLE 16 - US CODE - SUBCHAPTER V - HEALTHY FORESTS RESERVE PROGRAM

16 USC 6571 - Establishment of healthy forests reserve program

(a) Establishment
The Secretary of Agriculture shall establish the healthy forests reserve program for the purpose of restoring and enhancing forest ecosystems

(1) to promote the recovery of threatened and endangered species;

(2) to improve biodiversity; and

(3) to enhance carbon sequestration.

(b) Coordination
The Secretary of Agriculture shall carry out the healthy forests reserve program in coordination with the Secretary of the Interior and the Secretary of Commerce.

16 USC 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
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

(A) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement);

(B) a 10-year cost-share agreement; or

(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.

16 USC 6573 - Restoration plans

(a) In general
Land enrolled in the healthy forests reserve program shall be subject to a restoration plan, to be developed jointly by the landowner and the Secretary of Agriculture, in coordination with the Secretary of^[1] Interior.

(b) Practices
The restoration plan shall require such restoration practices as are necessary to restore and enhance habitat for

(1) species listed as endangered or threatened under section 1533 of this title; and

(2) animal or plant species before the species reach threatened or endangered status, such as candidate, State-listed species, and special concern species.

[1] So in original. Probably should be “of the”.

16 USC 6574 - Financial assistance

(a) Permanent easements
In the case of land enrolled in the healthy forests reserve program using a permanent easement (or an easement described in section 6572 (f)(1)(C)(ii)1 of this title), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)

(1) the fair market value of the enrolled land during the period the land is subject to the easement, less the fair market value of the land encumbered by the easement; and

(2) the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period in which the land is subject to the easement.

(b) Thirty-year easement
In the case of land enrolled in the healthy forests reserve program using a 30-year easement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)

(1) 75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and

(2) 75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.

(c) Ten-year agreement
In the case of land enrolled in the healthy forests reserve program using a 10-year cost-share agreement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)

(1) fifty percent of the actual costs of the approved conservation practices; or

(2) fifty percent of the average cost of approved practices.

(d) Acceptance of contributions
The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.

[1] So in original. Probably should be “6572(e)(1)(C)(ii)”.

16 USC 6575 - Technical assistance

(a) In general
The Secretary of Agriculture shall provide landowners with technical assistance to assist the owners in complying with the terms of plans (as included in agreements or easements) under the healthy forests reserve program.

(b) Technical service providers
The Secretary of Agriculture may request the services of, and enter into cooperative agreements with, individuals or entities certified as technical service providers under section 3842 of this title, to assist the Secretary in providing technical assistance necessary to develop and implement the healthy forests reserve program.

16 USC 6576 - Protections and measures

(a) Protections
In the case of a landowner that enrolls land in the program and whose conservation activities result in a net conservation benefit for listed, candidate, or other species, the Secretary of Agriculture shall make available to the landowner safe harbor or similar assurances and protection under

(1) section 1536 (b)(4) of this title; or

(2) section 1539 (a)(1) of this title.

(b) Measures
If protection under subsection (a) requires the taking of measures that are in addition to the measures covered by the applicable restoration plan agreed to under section 6573 of this title, the cost of the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for purposes of financial assistance under section 6574 of this title.

16 USC 6577 - Involvement by other agencies and organizations

In carrying out this subchapter, the Secretary of Agriculture may consult with

(1) nonindustrial private forest landowners;

(2) other Federal agencies;

(3) State fish and wildlife agencies;

(4) State forestry agencies;

(5) State environmental quality agencies;

(6) other State conservation agencies; and

(7) nonprofit">nonprofit conservation organizations.

16 USC 6578 - Funding

(a) In general
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 to carry out this subchapter.

(b) Duration of availability
The funds made available under subsection (a) shall remain available until expended.