119-hr3476

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3476 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3476

 To amend the Food Security Act of 1985 to require the Secretary of 
Agriculture to establish the forest conservation easement program, and 
 for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 17, 2025

 Mr. Kelly of Mississippi (for himself, Ms. Goodlander, Mr. Moore of 
 Alabama, Mr. Guest, Mr. Thompson of Mississippi, Ms. Dean of 
 Pennsylvania, and Mr. Tonko) introduced the following bill; which was 
 referred to the Committee on Agriculture

_______________________________________________________________________

 A BILL

 To amend the Food Security Act of 1985 to require the Secretary of 
Agriculture to establish the forest conservation easement program, and 
 for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Forest Conservation Easement Program 
Act of 2025''.

SEC. 2. FOREST CONSERVATION EASEMENT PROGRAM.

    (a) In General.--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 establish a forest 
conservation easement program for the conservation and restoration of 
eligible land and natural resources 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 forest 
 land and related ecological and human conservation values of 
 eligible land by limiting the negative impacts of non-forest 
 land uses;
 ``

    (2) to protect and enhance forest ecosystem and landscape 
 functions and values;
 ``

    (3) to promote the restoration, protection, and 
 improvement of habitat of threatened and endangered species and 
 other at-risk species;
 ``

    (4) to maintain and enhance biodiversity;
 ``

    (5) to enhance carbon sequestration;
 ``

    (6) to protect and restore watersheds for water quality 
 and quantity improvements;
 ``

    (7) to prevent encroachment around military bases and 
 installations; and
 ``

    (8) 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) Beginning forest landowner.--The term `beginning 
 forest landowner' means a person that--
 ``
        (A)
            (i) has not previously owned forest land; or
 ``
            (ii) has owned forest land for not more than 10 
 years; and
 ``
        (B) meets such other criteria as the Secretary 
 may establish.
 ``

    (2) Eligible entity.--The term `eligible entity' means--
 ``
        (A) an agency of State or local government or an 
 Indian Tribe (including a land resource 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;
 ``
            (ii) an organization described in 

section 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 
 

section 509

    (a) of that Code; or
 ``
            (II) section 509

    (a)

    (3) of that 
 Code and is controlled by an 
 organization described in 

section 509

    (a)

    (2) of that Code.
 ``

    (3) Eligible land.--The term `eligible land' means 
 private land (which shall include land owned by any 
 organization described in paragraph

    (2)
        (B) and land owned by 
 any other private entity, without any eligibility requirement 
 in addition to the eligibility requirements established by this 
 subtitle) or Tribal land--
 ``
        (A) that is--
 ``
            (i) forest land; or
 ``
            (ii) being restored to forest land;
 ``
        (B) in the case of a forest land easement--
 ``
            (i) that is subject to a pending offer 
 for purchase of a forest land easement from an 
 eligible entity; and
 ``
            (ii) 
            (I) the enrollment of which would 
 protect forest uses and related conservation 
 values by conserving land; or
 ``
            (II) the protection of which will further 
 a State or local policy consistent with the 
 purposes of the program; and
 ``
            (C) in the case of a forest reserve easement, the 
 enrollment of which will maintain, restore, 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 Endangered 
 Species Act of 1973 (16 U.S.C. 1533); or
 ``
            (ii) improve the well-being of a species 
 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 
 special concern species; or
 ``

    (bb) designated as a species of 
 greatest conservation need by a State 
 wildlife action plan.
 ``

    (4) Forest land easement.--The term `forest land 
 easement' means an easement or other interest 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
 ``
        (B) permits the landowner the right to continue 
 working forest production and related uses.
 ``

    (5) 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 reserve easement plan 
 developed under 

section 1267C
            (c) (1)
        (A) .
 ``

    (6) Program.--The term `program' means the forest 
 conservation easement program established under this subtitle.
 ``

    (7) Socially disadvantaged forest landowner.--The term 
 `socially disadvantaged forest landowner' means a forest 
 landowner who is a member of a socially disadvantaged group (as 
 defined in 

section 2501

    (a) of the Food, Agriculture, 
 Conservation, and Trade Act of 1990 (7 U.S.C. 2279

    (a) )).
 ``

    (8) Veteran forest landowner.--The term `veteran forest 
 landowner' means a forest landowner who--
 ``
        (A) has served in the Armed Forces (as defined in 
 

section 101 of title 38, United States Code); and
 ``
        (B)
            (i) has not previously owned forest land;
 ``
            (ii) has owned forest land for not more than 10 
 years; or
 ``
            (iii) is a veteran (as defined in that section) 
 who has first obtained status as a veteran (as so 
 defined) during the most recent 10-year period.

``

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 in eligible land;
 ``

    (2) the development of a voluntary forest management plan 
 under subsection

    (b)

    (4)
        (F) ; and
 ``

    (3) technical assistance to implement this section.
 ``

    (b) Cost-Share Assistance.--
 ``

    (1) In general.--The Secretary shall protect the forest 
 use and related conservation values of eligible land through 
 cost-share assistance to eligible entities for purchasing 
 forest land easements.
 ``

    (2) Scope of assistance available.--
 ``
        (A) Federal share.--Except as provided in 
 subparagraph
            (C) , an agreement described in paragraph

    (4) shall provide for a Federal share of 50 percent of 
 the fair market value of the forest land easement.
 ``
        (B) Determination of fair market value.--The fair 
 market value of a forest land easement shall be 
 determined by the Secretary using--
 ``
            (i) the Uniform Standards of Professional 
 Appraisal Practice;
 ``
            (ii) an areawide market analysis or 
 survey; or
 ``
            (iii) another industry-approved method.
 ``
            (C) Exceptions.--The Secretary may provide for a 
 Federal share of not to exceed 75 percent of the fair 
 market value of a forest land easement in the case of--
 ``
            (i) forests of special environmental 
 significance, as determined by the Secretary; 
 or
 ``
            (ii) eligible land owned by--
 ``
            (I) a beginning forest landowner;
 ``
            (II) a socially disadvantaged 
 forest landowner;
 ``
            (III) a veteran forest landowner; 
 or
 ``
            (IV) a limited resource forest 
 landowner, as defined by the Secretary.
 ``
            (D) Non-federal share.--
 ``
            (i) In general.--Under an agreement 
 described in paragraph

    (4) , the eligible entity 
 shall provide a share that covers the 
 difference between--
 ``
            (I) the Federal share that is 
 provided under this paragraph; and
 ``
            (II) the fair market value of the 
 forest land easement.
 ``
            (ii) Permissible forms.--The non-Federal 
 share provided by an eligible entity under this 
 subparagraph may comprise--
 ``
            (I) cash resources;
 ``
            (II) a charitable donation or 
 qualified conservation contribution (as 
 defined in 

section 170

    (h) of the 
 Internal Revenue Code of 1986) from the 
 private forest landowner from which the 
 forest land easement will be purchased;
 ``
            (III) costs associated with 
 securing a deed to the forest land 
 easement, including the cost of 
 appraisal, survey, inspection, and 
 title; and
 ``
            (IV) other costs, as determined 
 by the Secretary.
 ``

    (3) Evaluation and ranking of applications.--
 ``
        (A) Criteria.--The Secretary shall establish 
 evaluation and ranking criteria to maximize the benefit 
 of Federal investment under the program.
 ``
        (B) Priority.--In evaluating applications 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, 
 include a forest management plan developed for 
 the eligible land, which may comprise--
 ``
            (I) a forest stewardship plan 
 described in 

section 5

    (f) of the 
 Cooperative 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.
 ``
            (C) Considerations.--In establishing the criteria 
 under subparagraph
        (A) , the Secretary 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 differences.--The 
 Secretary may adjust the criteria established under 
 subparagraph
        (A) to account for geographic differences, 
 if the adjustments--
 ``
            (i) meet the purposes of the program; and
 ``
            (ii) continue to maximize the benefit of 
 the Federal investment under the program.
 ``
        (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 applications 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 
 entity certified under paragraph

    (5) , 
 not less than 5 years; and
 ``
            (II) in the case of any other 
 eligible entity, not less than 3, but 
 not more than 5, years, unless the 
 Secretary determines that an extension 
 of time is justified.
 ``
            (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 easements 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;
 ``
            (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--
 ``

    (aa) 

    (AA) the holder of 
 the forest land easement fails 
 to provide 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 
 reasonable opportunity for the 
 eligible entity and the 
 landowner to participate 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 
 active forest management, as determined by the 
 Secretary;
 ``
            (ii) allow subsurface mineral development 
 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 
 development--
 ``

    (aa) has a limited and 
 localized impact;
 ``

    (bb) does not harm the 
 forest use and conservation 
 values of the eligible land 
 subject to the forest land 
 easement;
 ``
            (cc) does not materially 
 alter or affect the existing 
 topography;
 ``
            (dd) complies with a 
 subsurface mineral development 
 plan that--

 ``

    (AA) includes a 
 plan for the 
 remediation of impacts 
 to the forest use and 
 conservation values of 
 the eligible land 
 subject to the forest 
 land easement; and

 ``

    (BB) is approved 
 by the Secretary prior 
 to the initiation of 
 mineral development 
 activity;

 ``

    (ee) is not accomplished 
 by any surface mining method;
 ``

    (ff) is within the 
 impervious surface limits of 
 the forest land easement under 
 subparagraph
            (C) 
            (iv) ; and
 ``

    (gg) uses practices and 
 technologies that minimize the 
 duration and intensity of 
 impacts to the forest use and 
 conservation values of the 
 eligible land subject to the 
 forest land easement; and
 ``
            (II) each area impacted by the 
 subsurface mineral development is 
 reclaimed and restored by the holder of 
 the mineral rights at cessation of 
 operation; and
 ``
            (iii) include other relevant activities 
 relating to the forest land easement, as 
 determined 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 substitution.
 ``
        (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 acquisition 
 of the forest land easement the landowner shall 
 develop, in partnership with the eligible 
 entity, a voluntary forest management plan for 
 the land subject to the forest land easement.
 ``
            (ii) Voluntary forest management plan 
 defined.--In this subparagraph, the term 
 `voluntary forest management plan' means--
 ``
            (I) a forest stewardship plan 
 described in 

section 5

    (f) of the 
 Cooperative 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 Secretary may 
 reimburse the landowner for the cost of the 
 development of the voluntary forest management 
 plan.
 ``
        (G) Effect of violation.--If a violation 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 
 eligible 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.--
 ``
        (A) Certification process.--The Secretary shall 
 establish a process to create forest land easement 
 acquisition and operational efficiencies, 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 conditions, 
 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) --
 ``
            (I) a plan for administering 
 forest 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 
 easements; 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 Accreditation 
 Commission, or by an equivalent accrediting 
 body, as determined by the Secretary, and has 
 acquired not fewer than 5 forest land easements 
 under the program or any other forest easement 
 program;
 ``
            (II) is a State department of agriculture 
 or other State agency with statutory 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 described 
 in subclause
            (I) or
            (II) that has acquired not 
 fewer than 10 forest land easements under the 
 program or any other forest easement program; 
 and
 ``
            (iii) has successfully met the 
 responsibilities of the eligible entity under 
 the applicable agreements with the Secretary, 
 as determined by the Secretary, relating to 
 forest land easements that the eligible entity 
 has acquired as described in subclause
            (I) ,
            (II) , or
            (III) of clause
            (ii) .
 ``
            (C) Quality assurance.--The Secretary 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) ;
 ``
            (ii) to ensure the integrity of the 
 forest land easement acquisition process under 
 subparagraph
        (A) ;
 ``
            (iii) to establish a nonpunitive process 
 for corrective actions with respect to the 
 processes described in subparagraph
        (A) ; and
 ``
            (iv) to provide for waiver of successive 
 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 allowed under 
 applicable State laws.
 ``
            (d) Technical Assistance.--The Secretary may provide technical 
assistance, on request, to assist in compliance with the terms and 
conditions of forest land easements.

``

SEC. 1267C. FOREST RESERVE EASEMENTS.

 ``

    (a) Availability of Assistance.--The Secretary shall provide 
assistance to owners of eligible land to restore, protect, and enhance 
eligible land through--
 ``

    (1) forest reserve easements and related forest reserve 
 easement plans; and
 ``

    (2) technical assistance to implement this section.
 ``

    (b) Easements.--
 ``

    (1) Method of enrollment.--
 ``
        (A) Authorized methods.--The Secretary shall 
 enroll eligible land under this section--
 ``
            (i) through the use of--
 ``
            (I) permanent easements;
 ``
            (II) 30-year easements; and
 ``
            (III) easements for the maximum 
 duration allowed under applicable 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 subparagraph, the term 
 `acreage owned by an Indian Tribe' means 
 eligible land that is--
 ``
            (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 
 native corporation formed under--
 ``

    (aa) section 17 of the 
 Act of June 18, 1934 (commonly 
 known as the `Indian 
 Reorganization Act') (48 Stat. 
 988, chapter 576; 25 U.S.C. 
 5124); or
 ``

    (bb) section 8 of the 
 Alaska 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) .
 ``
            (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 
 compensation for which shall be 
 equivalent 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 percent 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 establish 
 evaluation and ranking criteria for offers 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 this section 
 that provides the greatest conservation benefit to--
 ``
            (i) primarily, species listed as 
 endangered 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 
 listing, 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 Secretary may give 
 additional consideration to eligible land the 
 enrollment under this section of which will--
 ``
            (i) improve biological diversity;
 ``
            (ii) restore native forest ecosystems;
 ``
            (iii) conserve forest land that provides 
 habitat for species described in subparagraph
        (B) ;
 ``
            (iv) reduce fragmentation; and
 ``
            (v) increase carbon sequestration.
 ``

    (3) Terms and conditions of easements.--
 ``
        (A) In general.--A forest reserve easement 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 management 
 objectives of the owner of the eligible land, 
 as determined appropriate by the Secretary and 
 identified in the forest reserve easement plan 
 developed under subsection
            (c) (1)
        (A) ;
 ``
            (iii) permit effective enforcement of the 
 conservation purposes of the forest reserve 
 easements;
 ``
            (iv) provide for the efficient and 
 effective 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.
 ``
        (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 adjustment 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 eligible 
 land before the enrollment in the permanent 
 easement; and
 ``
            (ii) the fair market value of the 
 eligible land as encumbered by the permanent 
 easement.
 ``
        (B) Other.--The Secretary shall pay the owner of 
 eligible land enrolled under this section in a 30-year 
 contract, a 30-year easement, or an easement for the 
 maximum duration allowed under applicable State laws 
 not less than 50 percent, and not more than 75 percent, 
 of the compensation that would be paid for a permanent 
 easement in accordance with subparagraph
        (A) .
 ``
            (C) Determination of fair market value.--The 
 Secretary shall determine the fair market value of 
 eligible land for purposes of this paragraph using the 
 Uniform Standards of Professional Appraisal Practice or 
 another industry-approved method.
 ``
            (c) Easement Restoration and Management.--
 ``

    (1) Forest reserve easement plan.--
 ``
        (A) In general.--Land enrolled in a forest 
 reserve easement shall be subject to a forest reserve 
 easement plan, to be developed jointly by the landowner 
 and the Secretary, that describes the activities to be 
 carried out on the land, as are necessary to restore, 
 maintain, and enhance habitat for species described in 
 subsection

    (b)

    (2)
        (B) , including--
 ``
            (i) converting or restoring forest land 
 to improve forest ecosystem functions and 
 values;
 ``
            (ii) enhancing or maintaining existing 
 forest ecosystem functions and values;
 ``
            (iii) restoring marginal farmland or 
 degraded forest land to improve forest 
 ecosystem functions and values;
 ``
            (iv) the conservation treatments and 
 forest management practices that will achieve 
 the conservation values and goals that are 
 consistent with the program, as determined by 
 the Secretary; or
 ``
            (v) any combination of the activities 
 described in clauses
            (i) through
            (iv) .
 ``
        (B) Practices and measures.--A forest reserve 
 easement plan developed under subparagraph
        (A) shall 
 require such practices and measures as are necessary to 
 accomplish the activities described in subparagraph
        (A) , which may include--
 ``
            (i) land management and silviculture 
 practices;
 ``
            (ii) vegetative treatments;
 ``
            (iii) structural practices and measures;
 ``
            (iv) practices to increase carbon 
 sequestration;
 ``
            (v) practices to improve biological 
 diversity; and
 ``
            (vi) other practices and measures, as 
 determined by the Secretary.
 ``

    (2) Financial assistance.--
 ``
        (A) In general.--The Secretary shall provide 
 financial assistance to owners of eligible land to 
 carry out the activities, practices, and measures 
 described in the forest reserve easement plan developed 
 for the eligible land under paragraph

    (1) .
 ``
        (B) Payments.--With respect to financial 
 assistance provided under subparagraph
        (A) , the 
 Secretary shall--
 ``
            (i) in the case of a permanent easement, 
 pay an amount that is not more than 100 percent 
 of the eligible costs described in subparagraph
            (C) , as determined by the Secretary; and
 ``
            (ii) in the case of a 30-year contract, a 
 30-year easement, or an easement for the 
 maximum duration allowed under applicable State 
 laws, pay an amount that is not less than 50 
 percent, and not more than 75 percent, of the 
 eligible costs described in subparagraph
            (C) , 
 as determined by the Secretary.
 ``
            (C) Eligible costs.--Costs eligible for payments 
 under this paragraph are the costs of activities, 
 practices, and measures referred to in subparagraph
        (A) that are associated with the initial restoration or 
 enhancement of the required habitat conditions for the 
 applicable species.
 ``
            (D) Timing of payments.--Payments under this 
 paragraph shall be made--
 ``
            (i) only on a determination by the 
 Secretary that an activity, practice, or 
 measure described in subparagraph
            (C) has been 
 established in compliance with appropriate 
 standards and specifications; and
 ``
            (ii) as soon as practicable after the 
 obligation is incurred.
 ``
        (E) Limitations.--Cost-sharing payments made by 
 the Secretary under this paragraph to a person or legal 
 entity may not exceed $500,000 per easement or 
 contract.
 ``
        (F) Participation in other programs.--The 
 Secretary shall not prohibit owners of eligible land 
 enrolled in a forest reserve easement from being 
 eligible for any other Department of Agriculture or 
 other Federal program with respect to activities, 
 practices, and measures not funded by payments under 
 this paragraph.
 ``
            (d) Technical Assistance.--
 ``

    (1) In general.--The Secretary shall provide to owners of 
 eligible land technical assistance to assist the owners in 
 complying with the terms and conditions of a forest reserve 
 easement.
 ``

    (2) Contracts or agreements.--The Secretary may enter 
 into 1 or more contracts with private entities or agreements 
 with a State, nongovernmental organization, or Indian Tribe to 
 provide technical assistance with the implementation of this 
 section, including the enrollment, restoration, enhancement, or 
 maintenance of a forest reserve easement, if the Secretary 
 determines that the contract or agreement will advance the 
 purposes of the program.
 ``

    (e) Protections and Measures.--
 ``

    (1) Protections.--In the case of a landowner that enrolls 
 eligible land in a forest reserve easement, and whose 
 conservation activities result in a net conservation benefit 
 for a species described in subsection

    (b)

    (2)
        (B) , the Secretary 
 shall make available to the landowner safe harbor or similar 
 assurances and protection under--
 ``
        (A) section 7

    (b)

    (4) of the Endangered Species Act 
 of 1973 (16 U.S.C. 1536

    (b)

    (4) ); or
 ``
        (B) section 10

    (a)

    (1) of that Act (16 U.S.C. 
 1539

    (a)

    (1) ).
 ``

    (2) Measures.--If protection under paragraph

    (1) requires 
 the taking of measures that are in addition to the measures 
 covered by the applicable forest reserve easement plan agreed 
 to under subsection
            (c) (1) , the cost of the additional 
 measures, and the cost of any permit, shall be considered part 
 of the forest reserve easement plan for purposes of financial 
 assistance under subsection
            (c) (2) .
 ``

    (f) Administration.--
 ``

    (1) Delegation of easement administration.--
 ``
        (A) Federal and state agencies.--The Secretary 
 may delegate any of the management, monitoring, and 
 enforcement responsibilities of the Secretary under 
 this section to other Federal or State agencies that 
 have the appropriate authority, expertise, and 
 resources necessary to carry out those delegated 
 responsibilities.
 ``
        (B) Conservation organizations.--The Secretary 
 may delegate any of the management responsibilities of 
 the Secretary under this section to conservation 
 organizations if the Secretary determines the 
 organization has the appropriate expertise and 
 resources necessary to carry out those delegated 
 responsibilities.
 ``

    (2) Involvement by other agencies and organizations.--In 
 carrying out this section, the Secretary may consult with--
 ``
        (A) private forest landowners;
 ``
        (B) other Federal agencies;
 ``
            (C) State forestry agencies;
 ``
            (D) State fish and wildlife agencies;
 ``
        (E) State environmental quality agencies;
 ``
        (F) other State conservation agencies; and
 ``
        (G) nonprofit conservation organizations.

``

SEC. 1267D. ADMINISTRATION.

 ``

    (a) Set Aside for Historically Underserved Landowners.--
 ``

    (1) Allocation of funds.--Of the amounts made available 
 for each of fiscal years 2026 through 2030 to carry out the 
 program, the Secretary shall use, to the maximum extent 
 practicable, 10 percent to enroll in the program eligible land 
 owned by--
 ``
        (A) a beginning forest landowner;
 ``
        (B) a socially disadvantaged forest landowner;
 ``
            (C) a veteran forest landowner; or
 ``
            (D) a limited resource forest landowner, as 
 defined by the Secretary.
 ``

    (2) Repooling of funds.--In any fiscal year, amounts not 
 obligated under paragraph

    (1) by a date determined by the 
 Secretary shall be available for enrollment of any land 
 eligible for enrollment under the program.
 ``

    (b) Ineligible Land.--
 ``

    (1) In general.--The Secretary shall not use amounts made 
 available to carry out the program for the purposes of 
 acquiring an easement on--
 ``
        (A) land owned by a Federal agency, other than 
 acreage owned by an Indian Tribe (as defined in 

section 1267C

    (b)

    (1)
        (B)
            (i) );
 ``
        (B) land owned in fee title by a State, including 
 an agency or a subdivision of a State, or a unit of 
 local government;
 ``
            (C) land subject to an easement or deed 
 restriction that, as determined by the Secretary, 
 provides similar protection as would be provided by 
 enrollment in the program; or
 ``
            (D) land the enrollment in the program of which 
 would undermine the purposes of the program due to on-
 site or off-site conditions, such as risk of hazardous 
 substances, permitted or existing rights of way, 
 infrastructure development, or adjacent land uses.
 ``

    (2) Limitation.--The Secretary shall not impose any 
 limitation on the use of amounts made available to carry out 
 the program for the purposes of acquiring an easement on any 
 land not described in any of subparagraphs
        (A) through
            (D) of 
 paragraph

    (1) .
 ``
            (c) Subordination, Exchange, Modification, and Termination.--
 ``

    (1) Subordination.--The Secretary may subordinate any 
 interest in eligible land, or portion of such an interest, 
 administered by the Secretary (including for the purposes of 
 utilities and energy transmission services) directly or on 
 behalf of the Commodity Credit Corporation under the program if 
 the Secretary determines that the subordination--
 ``
        (A) increases conservation values or has a 
 limited negative effect on conservation values;
 ``
        (B) minimally affects the acreage subject to the 
 interest in eligible land; and
 ``
            (C) is in the public interest or furthers the 
 practical administration of the program.
 ``

    (2) Modification and exchange.--
 ``
        (A) Authority.--The Secretary may approve a 
 modification or exchange of any interest in eligible 
 land, or portion of such an interest, administered by 
 the Secretary, directly or on behalf of the Commodity 
 Credit Corporation under the program if the Secretary 
 determines that--
 ``
            (i) no reasonable alternative exists and 
 the effect on the interest in eligible land is 
 avoided or minimized to the extent practicable; 
 and
 ``
            (ii) the modification or exchange--
 ``
            (I) results in equal or increased 
 conservation values;
 ``
            (II) results in equal or greater 
 economic value to the United States;
 ``
            (III) is consistent with the 
 original intent of the easement;
 ``
            (IV) is consistent with the 
 purposes of the program; and
 ``
            (V) is in the public interest or 
 furthers the practical administration 
 of the program.
 ``
        (B) Limitation.--In modifying or exchanging an 
 interest in eligible land, or portion of such an 
 interest, under this paragraph, the Secretary may not 
 increase any payment to an eligible entity.
 ``

    (3) Termination.--The Secretary may approve a termination 
 of any interest in eligible land, or portion of such an 
 interest, administered by the Secretary, directly or on behalf 
 of the Commodity Credit Corporation under the program if the 
 Secretary determines that--
 ``
        (A) termination is in the interest of the Federal 
 Government;
 ``
        (B) the United States will be fully compensated 
 for--
 ``
            (i) the fair market value of the interest 
 in eligible land;
 ``
            (ii) any costs relating to the 
 termination; and
 ``
            (iii) any damages determined appropriate 
 by the Secretary; and
 ``
            (C) the termination will--
 ``
            (i) address a compelling public need for 
 which there is no practicable alternative even 
 with avoidance and minimization; and
 ``
            (ii) further the practical administration 
 of the program.
 ``

    (4) Consent.--The Secretary shall obtain consent from the 
 landowner and eligible entity, if applicable, for any 
 subordination, exchange, modification, or termination of an 
 interest in eligible land, or portion of such an interest, 
 under this subsection.
 ``

    (5) Notice.--Not less than 90 days before taking any 
 termination action described in paragraph

    (3) , the Secretary 
 shall provide written notice of that action to the Committee on 
 Agriculture of the House of Representatives and the Committee 
 on Agriculture, Nutrition, and Forestry of the Senate.
 ``
            (d) Land Enrolled in Other Programs.--In accordance with 

section 4

    (b) of the Forest Conservation Easement Program Act of 2025, land 
enrolled in the healthy forests reserve program established under title 
V of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et 
seq.) on the day before the date of enactment of this section shall be 
considered enrolled in the program.
 ``

    (e) Program Eligibility.--Sections 1001 through 1001F shall not 
apply to owners of eligible land for the purposes of determining 
eligibility for the program.
 ``

    (f) Streamlined Enrollment Process.--The Secretary shall provide 
for a streamlined application and enrollment process for determining 
the eligibility of forest landowners for the program.
 ``

    (g) Environmental Services Market.--The Secretary may not 
prohibit through a contract, easement, or agreement under the program a 
participant in the program from participating in, and receiving 
compensation from, an environmental services market if 1 of the 
purposes of the environmental services market is the facilitation of 
additional conservation benefits that are consistent with the purposes 
of the program.''.

    (b) Conforming Amendments.--

    (1) Section 1201

    (a) of the Food Security Act of 1985 (16 
 U.S.C. 3801

    (a) ) is amended, in the matter preceding paragraph

    (1) , by striking ``subtitles A through I:'' and inserting 
 ``subtitles A through J:''.

    (2) Section 1241

    (e)

    (1) of the Food Security Act of 1985 (16 
 U.S.C. 3841

    (e)

    (1) ) is amended by striking ``subtitle I'' and 
 inserting ``subtitle J''.

    (3) Section 1244
            (d) of the Food Security Act of 1985 (16 
 U.S.C. 3844
            (d) ) is amended by striking ``I.'' and inserting 
 ``J.''.

SEC. 3. FUNDING.

 

Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is 
amended--

    (1) in subsection

    (a) --
        (A) in the matter preceding paragraph

    (1) , by 
 inserting ``and for each of fiscal years 2026 through 
 2030 with respect to paragraph

    (5) ,'' after ``2031,''; 
 and
        (B) by adding at the end the following:
 ``

    (5) The forest conservation easement program established 
 under subtitle I, using $100,000,000 for each of fiscal years 
 2026 through 2030.''; and

    (2) in subsection

    (b) , by inserting ``, and each of fiscal 
 years 2026 through 2030 with respect to paragraph

    (5) of that 
 subsection,'' after ``2031''.

SEC. 4. HEALTHY FORESTS RESERVE PROGRAM.

    (a) Repeal.--Title V of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6571 et seq.) is repealed.

    (b) Transitional Provisions.--

    (1) Effect on existing contracts, agreements, and 
 easements.--The repeal made by subsection

    (a) shall not affect 
 the validity or terms of any contract, agreement, or easement 
 entered into by the Secretary of Agriculture under title V of 
 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et 
 seq.) before the date of enactment of this Act, or any payments 
 required to be made in connection with the contract, agreement, 
 or easement.

    (2) Funding.--
        (A) Use of prior year funds.--Notwithstanding the 
 repeal made by subsection

    (a) , any funds made available 
 from the Commodity Credit Corporation to carry out 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 Act) shall be made 
 available to carry out contracts, agreements, or 
 easements referred to in paragraph

    (1) that were 
 entered into prior to the date of enactment of this 
 Act, subject to the condition that no such contract, 
 agreement, or easement may be modified so as to 
 increase the amount of any payment received.
        (B) Other.--The Secretary of Agriculture may use 
 funds made available to carry out the forest 
 conservation easement program established under 
 subtitle I of the Food Security Act of 1985 to continue 
 to carry out contracts, agreements, or easements 
 referred to in paragraph

    (1) using the provisions of 
 law (including regulations) applicable to those 
 contracts, agreements, and easements as in existence on 
 the day before the date of enactment of this Act.
            (c) Conforming Amendments.--

    (1) The table of contents in 

section 1

    (b) of the Healthy 
 Forests Restoration Act of 2003 (Public Law 108-148; 117 Stat. 
 1887) is amended by striking the items relating to title V.

    (2) Section 1271A

    (1) of the Food Security Act of 1985 (16 
 U.S.C. 3871a

    (1) ) is amended by striking subparagraph
            (D) and 
 inserting the following:
 ``
            (D) The forest conservation easement program 
 established under subtitle I.''.

SEC. 5. SENSE OF CONGRESS.

 It is the sense of Congress that the costs of carrying out this Act 
shall be offset.
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