16 U.S.C. § 6574 — Financial assistance

Page 2614 TITLE 16—CONSERVATION § 6573 1 So in original. Probably should be ‘‘6572(e)(1)(C)(ii)’’. (II) any adverse impacts will be miti- gated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no ad- ditional cost to the Federal Government; and (III) the modification will result in equal or greater environmental and eco- nomic values to the United States. (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; Pub. L. 115–334, title VIII, § 8407(a)(2)–(6), Dec. 20, 2018, 132 Stat. 4845, 4846; Pub. L. 117–328, div. HH, title III, § 401, Dec. 29, 2022, 136 Stat. 5984.) 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 L. 110–234 were repealed by section 4(a) of Pub.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 2022—Subsec. (g). Pub. L. 117–328 added subsec. (g). 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 re- store, enhance, or otherwise measurably increase the likelihood of recovery of a species listed as endan- gered or threatened under section 1533 of this title; and ‘‘(2) private land the enrollment of which will re- store, 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), redesig- nated 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), redesig- nated 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 fol- lows: ‘‘are candidates for such listing, State-listed spe- cies, 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), respec- tively, of subpar. (B) and realigned margins. Subsec. (e)(3)(C). Pub. L. 113–79, § 8203(a)(1), sub- stituted ‘‘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 en- rollment. Statutory Notes and Related Subsidiaries 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. § 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 the Interior. (b) Practices The restoration plan shall require such res- toration practices and measures as are nec- essary to restore and enhance habitat for species described in section 6572(b) of this title, includ- ing the following: (1) Land management practices. (2) Vegetative treatments. (3) Structural practices and measures. (4) Practices to increase carbon sequestra- tion. (5) Practices to improve biological diversity. (6) Other practices and measures. (Pub. L. 108–148, title V, § 503, Dec. 3, 2003, 117 Stat. 1912; Pub. L. 115–334, title VIII, § 8407(a)(7), (9), Dec. 20, 2018, 132 Stat. 4846.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 8407(a)(9), sub- stituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Interior’’. Subsec. (b). Pub. L. 115–334, § 8407(a)(7), amended sub- sec. (b) generally. Prior to amendment, text read as fol- lows: ‘‘The restoration plan shall require such restora- tion 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.’’ § 6574. Financial assistance (a) Permanent easements In the case of land enrolled in the healthy for- ests reserve program using a permanent ease- ment (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 con- servation practices or the average cost of ap- proved practices carried out on the land dur- ing the period in which the land is subject to the easement. 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 described in section 6572(f)(1)(C)(ii) of this title)’’ for ‘‘an easement of not more than 99 years described in section 6572(f)(1)(C) of this title’’ in intro- ductory provisions. Statutory Notes and Related Subsidiaries 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. § 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 agree- ments 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. (Pub. L. 108–148, title V, § 505, Dec. 3, 2003, 117 Stat. 1913.) § 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 Ag- riculture 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. (Pub. L. 108–148, title V, § 506, Dec. 3, 2003, 117 Stat. 1914.) § 6577. Involvement by other agencies and orga- nizations 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 conservation organizations. (Pub. L. 108–148, title V, § 507, Dec. 3, 2003, 117 Stat. 1914.) § 6578. Funding (a) Fiscal years 2009 through 2013 1 Of the funds of the Commodity Credit Corpora- tion, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 1 to carry out this subchapter. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this sec- tion $12,000,000 for each of fiscal years 2014 through 2023. (c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in sub- section (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conserva- tion and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary