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16 U.S.C. § 6578 — Protections and measures

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6578 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536/b/4&num=0&edition=prelim); or (2) [section 1539(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1539/a/1&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6573&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6574&num=0&edition=prelim).

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Source location: Title 16, Chapter 84, § 6578; chapter-084-healthy-forest-restoration.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6574 — 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim); 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 easemen

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6573 — 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; (3) to conserve forest land that provides habitat for species described in [section 6572(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6572/b&num=0&edition=prelim); and (4) 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6578 — Funding

Page 2615 TITLE 16—CONSERVATION § 6578 1 So in original. Heading and text do not correspond. (b) Thirty-year easement In the case of land enrolled in the healthy for- ests 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 en- cumbered by the easement; and (2) 75 percent of the actual costs of the ap- proved 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 for- ests 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 Sec- retary)— (1) fifty percent of the actual costs of the ap- proved conservation practices; or (2) fifty percent of the average cost of ap- proved practices. (d) Acceptance of contributions The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section. (Pub. L. 108–148, title V, § 504, Dec. 3, 2003, 117 Stat. 1913; Pub. L. 110–234, title VIII, § 8205(b), May 22, 2008, 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(b), June 18, 2008, 122 Stat. 1664, 2057.) Editorial Notes 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 2008—Subsec. (a). Pub. L. 110–246, § 8205(b), substituted ‘‘Permanent easements’’ for ‘‘Easements of not more than 99 years’’ in heading and ‘‘a permanent easement (or an easement desc

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