(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 private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably—
(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 1533 of this title; or
(2) improve the well-being of a species that—
(A) is—
(i) not listed as endangered or threatened under such section; and
(ii) a candidate for such listing, a State-listed species, or a special concern species; or
(B) is deemed a species of greatest conservation need by a State wildlife action plan.
(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;
(2) conserve forest land that provides habitat for species described in subsection (b); and
(3) 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) 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;
(iii) a permanent easement; or
(iv) any combination of the options described in clauses (i) through (iii).
(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)
(I) are candidates for such listing, State-listed species, or special concern species; or
(II) are deemed a species of greatest conservation need under a State wildlife action plan.
(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.
Codification
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.
Amendments
2018—Subsec. (b). Pub. L. 115–334, §8407(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "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."
Subsec. (c)(2), (3). Pub. L. 115–334, §8407(a)(3), added par. (2) and redesignated former par. (2) as (3).
Subsec. (e)(2). Pub. L. 115–334, §8407(a)(4), redesignated par. (3) as (2) and struck out former par. (2) which related to limitation on use of cost-share agreements and easements.
Subsec. (e)(2)(B)(ii) to (iv). Pub. L. 115–334, §8407(a)(5), added cls. (ii) to (iv) and struck out former cls. (ii) and (iii) which read as follows:
"(ii) a 10-year cost-share agreement; or
"(iii) any combination of the options described in clauses (i) and (ii)."
Subsec. (e)(3). Pub. L. 115–334, §8407(a)(4), redesignated par. (3) as (2).
Subsec. (f)(1)(B)(ii). Pub. L. 115–334, §8407(a)(6), added cl. (ii) and struck out former cl. (ii) which read as follows: "are candidates for such listing, State-listed species, or special concern species."
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.
Effective Date of 2008 Amendment
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.
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