[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1050 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1050
To amend the Food Security Act of 1985 to require the Secretary of
Agriculture to establish a Forest Conservation Easement Program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2025
Mrs. Gillibrand (for herself and Mr. Wicker) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to require the Secretary of
Agriculture to establish a 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. DEFINITIONS.
``In this subtitle:
``(1) Acreage owned by an indian tribe.--The term `acreage
owned by an Indian Tribe' means--
``(A) land that is held in trust by the United
States for an Indian Tribe or individual Indian;
``(B) land the title to which is held by an Indian
Tribe or individual Indian, subject to a Federal
restriction against alienation or encumbrance;
``(C) land that is subject to rights of use,
occupancy, and benefit of 1 or more Indian Tribes;
``(D) land that is held in fee title by an Indian
Tribe;
``(E) land that is owned by a Native corporation
established under--
``(i) section 17 of the Act of June 18,
1934 (commonly known as the `Indian
Reorganization Act') (25 U.S.C. 5124); or
``(ii) section 8 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1607); and
``(F) any combination of 1 or more types of land
described in subparagraphs (A) through (E).
``(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); and
``(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 or acreage owned by an Indian Tribe--
``(A) that is--
``(i) forest land; or
``(ii) being restored to forest land;
``(B) in the case of a forest land easement--
``(i) the enrollment of which would protect
working forests and related conservation values
by conserving land; or
``(ii) the protection of which will further
a State or local policy in accordance 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--
``(I) is not listed as endangered
or threatened under that section; but
``(II)(aa) is a candidate for that
listing or listing as a State-listed
species or a species of special
concern; or
``(bb) is designated by a State
wildlife action plan as a species of
greatest conservation need.
``(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 the natural resources and forest
nature of the eligible land; and
``(B) permits the landowner the right to continue
working forest production and related uses, in
accordance with an applicable forest management plan.
``(5) Forest management plan.--The term `forest management
plan' means--
``(A) a forest stewardship plan described in
section 5(f) of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103a(f));
``(B) a forest plan approved by the applicable
State forester or State forestry agency;
``(C) a forest plan developed under a third-party
certification system determined appropriate by the
Secretary; and
``(D) any other plan determined appropriate by the
Secretary.
``(6) Forest reserve easement.--The term `forest reserve
easement' means an easement or other interest in eligible land
that--
``(A) is conveyed by the landowner to the Secretary
for the purpose of protecting the natural resources and
forest nature of the eligible land; and
``(B) permits the landowner the right to continue
working forest production and related uses, in
accordance with the applicable forest reserve easement
plan developed under section 1267C(e)(1).
``(7) Program.--The term `Program' means the Forest
Conservation Easement Program established under section
1267A(a).
``(8) 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))).
``SEC. 1267A. ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish a program, to
be known as the `Forest Conservation Easement Program', for the
conservation and restoration of eligible land and natural resources
through the acquisition of forest land easements or forest reserve
easements.
``(b) Purposes.--The purposes of the Program are--
``(1) to protect the viability and sustainability of
working forests and related conservation values of eligible
land by limiting the negative effects of nonforest uses;
``(2) to protect and enhance forest ecosystem and landscape
functions and values;
``(3) to promote the restoration, protection, and
improvement of habitats of species that are threatened,
endangered, or otherwise at-risk; and
``(4) 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. 1267B. FOREST LAND EASEMENTS.
``(a) Authorization.--As part of the Program, the Secretary shall
facilitate and provide funding in accordance with this section for--
``(1) the purchase by eligible entities of forest land
easements on eligible land;
``(2) the development of forest management plans; and
``(3) technical assistance to implement this section.
``(b) Applications.--
``(1) In general.--To be eligible to receive assistance
under this section, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(2) Criteria.--
``(A) In general.--The Secretary shall establish
evaluation and ranking criteria with respect to
applications submitted under this subsection to
maximize the benefit of Federal investments under the
Program.
``(B) Considerations.--In establishing the criteria
under subparagraph (A), the Secretary shall emphasize
support for--
``(i) protecting working forests and
related conservation values of eligible land;
``(ii) reducing fragmentation of forest
land; and
``(iii) maximizing the areas protected from
conversion to nonforest uses.
``(3) Priority.--In evaluating applications under this
subsection, the Secretary shall give priority to an application
for the purchase of a forest land easement--
``(A) that maintains the viability of a working
forest, as determined by the Secretary; and
``(B) on eligible land for which a forest
management plan has been developed at the time of
application.
``(4) Forest management plan.--
``(A) In general.--If eligible land proposed to be
subject to a forest land easement under the Program
does not have in effect a forest management plan on the
date on which an application relating to the eligible
land is submitted under this subsection, the landowner,
in partnership with the applicable eligible entity,
shall develop a forest management plan for that
eligible land as a condition of acquisition of the
forest land easement.
``(B) Reimbursement.--The Secretary may reimburse a
landowner for the cost of development of a forest
management plan under subparagraph (A).
``(5) Treatment.--The Secretary may evaluate and rank
applications submitted under this subsection by eligible
entities for the purchase of forest land easements from
landowners who are socially disadvantaged forest landowners
separately from applications submitted for the purchase of
forest land easements from other landowners.
``(c) Cost-Share Assistance.--
``(1) In general.--On approval of an application of an
eligible entity under subsection (b), the Secretary shall
provide to the eligible entity cost-share assistance for
purchasing 1 or more forest land easements on the eligible land
that is the subject of the application.
``(2) Agreements.--
``(A) In general.--As a condition of receipt of
cost-share assistance under the Program, an eligible
entity shall enter into an agreement with the Secretary
to stipulate the terms and conditions under which the
eligible entity is permitted to use the cost-share
assistance.
``(B) Duration.--An agreement under subparagraph
(A) shall be for a term of not less than 3, but not
more than 5, years, unless the Secretary determines
that a longer term is justified.
``(C) Minimum terms and conditions.--An eligible
entity shall be authorized to use such terms and
conditions as the eligible entity determines to be
appropriate for a forest land easement purchased using
assistance under this section, subject to the condition
that the Secretary shall determine that those 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
easement;
``(iii) include a requirement to implement
a forest management plan on eligible land
subject to the forest land easement, subject to
the condition that the forest management plan
shall not be incorporated in, or attached to,
the deed for the forest land easement;
``(iv) include a limit on the impervious
surfaces to be allowed that is consistent with
the forestry activities to be conducted; and
``(v) 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.
``(D) Additional terms and conditions.--An eligible
entity may include any additional terms and conditions
for a forest land easement purchased using assistance
under this section 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, in accordance with applicable State
law, if the Secretary determines that--
``(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;
``(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; 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; 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, on mutual
agreement of the parties, substitution of qualified
projects that are identified at the time of the
proposed substitution.
``(F) Effect of violation.--If a violation of a
term or condition of an agreement under subparagraph
(A) occurs, the Secretary may--
``(i) terminate the agreement; and
``(ii) require the eligible entity to
refund all, or any part of, the payments
received by the eligible entity under the
Program, with interest on the payments as
determined to be appropriate by the Secretary.
``(3) Scope.--
``(A) Federal share.--
``(i) In general.--Except as provided in
clause (ii), an agreement under paragraph (2)
shall provide for a Federal share of 50 percent
of the fair market value of the forest land
easement, as determined by the Secretary.
``(ii) Exception.--An agreement under
paragraph (2) may provide for a Federal share
of not more than 75 percent of the fair market
value of a forest land easement in the case of
eligible land that is--
``(I) a forest of special
environmental significance, as
determined by the Secretary; or
``(II) owned by a socially
disadvantaged forest landowner.
``(B) Non-federal share.--
``(i) In general.--Under an agreement under
paragraph (2), the eligible entity shall
provide a non-Federal share that is equivalent
to the remainder of the fair market value of
the forest land easement not provided by the
Secretary under subparagraph (A).
``(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 whom the
forest land easement will be purchased;
``(III) costs associated with
securing a deed to the forest land
easement, including the costs of
appraisal, survey, inspection, and
title; and
``(IV) other costs, as determined
by the Secretary.
``(C) Determination of fair market value.--For
purposes of this paragraph, the Secretary shall
determine the fair market value of a forest land
easement using--
``(i) the Uniform Standards of Professional
Appraisal Practice;
``(ii) an areawide market analysis or
survey; or
``(iii) another industry-approved method.
``(d) Methods of Enrollment.--On acquisition of a forest land
easement by an eligible entity using assistance provided under this
section, the Secretary shall enroll the eligible land subject to the
forest land easement in the Program through the use of--
``(1) a permanent easement; or
``(2) an easement for the maximum duration allowed under
applicable State law.
``(e) Technical Assistance.--The Secretary may provide technical
assistance, on request, to assist in compliance with the terms and
conditions of a forest land easement under this section.
``SEC. 1267C. FOREST RESERVE EASEMENTS.
``(a) Authorization.--As part of the Program, the Secretary shall
provide to landowners of eligible land assistance to restore, protect,
and enhance the eligible land through--
``(1) acquisition by the Secretary of forest reserve
easements on eligible land;
``(2) assistance in developing forest reserve easement
plans under subsection (e); and
``(3) technical assistance to implement this section.
``(b) Offers.--
``(1) In general.--To be eligible to grant to the Secretary
a forest reserve easement under this section, a landowner of
eligible land shall submit to the Secretary an offer at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Criteria.--The Secretary shall establish evaluation
and ranking criteria with respect to offers submitted under
this subsection.
``(3) Priority.--In evaluating offers under this
subsection, the Secretary shall give priority to an offer for a
forest reserve easement that provides the greatest conservation
benefit--
``(A) primarily, to a species listed as endangered
or threatened under section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533); and
``(B) secondarily, to any species that--
``(i) is not listed as endangered or
threatened under that section; but
``(ii)(I) is a candidate for that listing
or listing as a State-listed species or species
of special concern; or
``(II) is designated by a State wildlife
action plan as a species of greatest
conservation need.
``(4) Other considerations.--The Secretary may give
additional consideration to eligible land the enrollment under
this section of which will--
``(A) improve biological diversity;
``(B) restore a native forest ecosystem;
``(C) conserve forest land that provides a habitat
for any species described in paragraph (3);
``(D) reduce fragmentation of forest land; or
``(E) increase carbon sequestration.
``(5) Treatment.--The Secretary may evaluate and rank
offers submitted under this subsection by landowners who are
socially disadvantaged forest landowners separately from offers
submitted by other landowners.
``(c) Methods of Enrollment.--
``(1) In general.--On approval of an offer under subsection
(b), the Secretary shall enroll the eligible land that is the
subject of that offer in a forest reserve easement under the
Program through the use of--
``(A) a permanent easement;
``(B) a 30-year easement;
``(C) an easement for the maximum duration allowed
under applicable State law; or
``(D) in the case of acreage owned by an Indian
Tribe--
``(i) a 30-year contract, the compensation
for which shall be equivalent to the
compensation for a 30-year easement; or
``(ii) a permanent easement.
``(2) Limitation.--Not more than 10 percent of amounts made
available to carry out this section for a fiscal year may be
used for 30-year easements under this subsection.
``(d) Easements.--
``(1) Terms and conditions.--
``(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--
``(I) the management objectives of
the landowner of the eligible land; and
``(II) the implementation of the
relevant forest reserve easement plan
developed under subsection (e)(1);
``(iii) permit effective enforcement of the
conservation purposes of 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 to be appropriate--
``(I) to carry out the Program; or
``(II) to facilitate the practical
administration of the Program.
``(B) Requested terms and conditions.--A landowner
of eligible land may request that a term or condition
be included in a forest reserve easement, and the
Secretary may include the term or condition, if the
Secretary determines that the term or condition--
``(i) is consistent with--
``(I) the management objectives of
the landowner; and
``(II) the implementation of the
relevant forest reserve easement plan;
and
``(ii) does not conflict with any term or
condition included under subparagraph (A).
``(2) Compensation.--
``(A) Permanent easements.--In the case of eligible
land enrolled in a permanent easement under this
section, the Secretary shall pay to the landowner 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 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 to the
landowner 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 law not less than 50 percent, and not
more than 75 percent, of the compensation that would be
paid under subparagraph (A) if the land were enrolled
in a permanent easement under this section.
``(C) Determination of fair market value.--For
purposes of this paragraph, the Secretary shall
determine the fair market value of eligible land
using--
``(i) the Uniform Standards of Professional
Appraisal Practice; or
``(ii) another industry-approved method.
``(e) Forest Reserve Easement Plans.--
``(1) In general.--Eligible land enrolled in a forest
reserve easement under this section shall be subject to a
forest reserve easement plan, to be developed jointly by the
landowner and the Secretary, that describes such activities to
be carried out on the eligible land as are necessary to
restore, maintain, and enhance habitat for species described in
subsection (b)(3).
``(2) Practices and measures.--A forest reserve easement
plan under paragraph (1) may include, with respect to the
eligible land subject to the plan--
``(A) vegetative management and silviculture
practices;
``(B) structural practices and measures;
``(C) practices to increase carbon sequestration;
``(D) practices to improve biological diversity;
and
``(E) other practices and measures, as determined
by the Secretary.
``(3) Financial assistance.--
``(A) In general.--The Secretary shall provide to
landowners of eligible land enrolled in a forest
reserve easement under this section financial
assistance 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 under subparagraph (A), the Secretary shall
pay--
``(i) in the case of a forest reserve
easement plan for eligible land enrolled in a
permanent easement, an amount equal to 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 forest reserve
easement plan for eligible land enrolled in a
30-year contract, a 30-year easement, or an
easement for the maximum duration allowed under
applicable State law, an amount equal to 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.--The costs eligible for
payments under this paragraph are the costs of
activities, practices, and measures described in the
applicable forest reserve easement plan that are
associated with restoration or enhancement of the
habitat conditions specified for the applicable species
described in the forest reserve easement plan.
``(D) Timing.--
``(i) Determination.--As soon as
practicable after the commencement on eligible
land enrolled in a forest reserve easement of
an activity, practice, or measure described in
subparagraph (C), the Secretary shall determine
whether the activity, practice, or measure is
established in accordance with appropriate
standards and specifications.
``(ii) Payment.--A payment under this
paragraph shall be made for an activity,
practice, or measure only, and as soon as
practicable, after the Secretary makes a
positive determination under clause (i) with
respect to that activity, practice, or measure.
``(E) Limitations.--A payment provided by the
Secretary to a landowner of eligible land under this
paragraph may not exceed $500,000 per easement or
contract of the landowner, as applicable.
``(f) Protections and Measures.--
``(1) Protections.--In the case of a landowner who enrolls
eligible land in a forest reserve easement, and whose
conservation activities under the forest reserve easement plan
developed for that eligible land result in a net conservation
benefit for a species described in subsection (b)(3), 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 forest reserve easement plan developed for the
applicable eligible land, the cost of the additional measures,
and the cost of any related permit, shall be considered to be
costs eligible for payments under subsection (e)(2).
``(g) Technical Assistance.--
``(1) In general.--The Secretary shall provide to
landowners of eligible land technical assistance to assist the
landowners in--
``(A) developing a forest reserve easement plan
under subsection (e); and
``(B) complying with the terms and conditions of a
forest reserve easement, including the implementation
of a forest reserve easement plan.
``(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 described in paragraph (1), if the
Secretary determines that the contract or agreement will
advance the purposes of the Program.
``(h) Administrative Provisions.--
``(1) Delegation.--
``(A) Federal and state agencies.--The Secretary
may delegate any of the management, monitoring, or
enforcement responsibilities of the Secretary under
this section to another Federal agency or a State
agency that has the appropriate authority, expertise,
and resources necessary to carry out the delegated
responsibilities.
``(B) Conservation organizations.--The Secretary
may delegate any of the management responsibilities of
the Secretary under this section to a nonprofit
conservation organization, if the Secretary determines
that the organization has the appropriate expertise and
resources necessary to carry out the 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) Ineligible Land.--
``(1) In general.--The Secretary shall not use amounts made
available to carry out the Program for purposes of acquiring
any easement on--
``(A) land owned by a Federal agency, other than
land that is acreage owned by an Indian Tribe;
``(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
onsite or offsite 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 limit the
eligibility of land for purposes of the Program based on--
``(A) acreage size;
``(B) the type of private forest landowner or the
size of their ownership; or
``(C) the presence of severed mineral rights.
``(b) Subordination, Exchange, Modification, and Termination.--
``(1) Subordination.--The Secretary may subordinate any
interest in eligible land, or a 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) Modification.--
``(i) Authority.--The Secretary may approve
a modification of any interest in land, or a
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 the
modification--
``(I) will support the viability
and sustainability of working forests
and the conservation values of the
applicable easement;
``(II) will result in equal or
increased conservation values;
``(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, including correcting
errors and exercising reserved rights.
``(ii) Limitation.--In modifying an
interest in land, or a portion of such an
interest, pursuant to this subparagraph, the
Secretary may not increase any payment to an
eligible entity, except in the case of a
modification that includes a change to an
easement to add acreage.
``(B) Exchange.--
``(i) Authority.--The Secretary may approve
an exchange of any interest in land, or a
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 to
the exchange exists;
``(II) the effect of the exchange
on the interest in land is avoided or
minimized to the maximum extent
practicable; and
``(III) the exchange--
``(aa) results in equal or
increased conservation values;
``(bb) results in equal or
increased economic value to the
United States;
``(cc) is consistent with
the original intent of the
easement;
``(dd) is consistent with
the purposes of the Program;
and
``(ee) is in the public
interest or furthers the
practical administration of the
Program.
``(ii) Limitation.--In exchanging an
interest in land, or a portion of such an
interest, pursuant to this subparagraph, 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 a 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 value of the interest in the
land, as determined by the Secretary;
``(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, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives.
``(c) Land Enrolled in Other Programs.--In accordance with section
3(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 to be enrolled in the Program.
``(d) Payment Limitations Exceptions.--The attribution of payments
limitation described in section 1001(e) and the adjusted gross income
limitation described in section 1001D(b)(1) shall not apply to any
payment or other assistance under the Program.
``(e) 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.
``SEC. 1267E. FUNDING.
``There is authorized to be appropriated to carry out this subtitle
$100,000,000 for each of fiscal years 2025 through 2029.''.
(b) Technical and Conforming Amendments.--
(1) Section 1201(a) of the Food Security Act of 1985 (16
U.S.C. 3801(a)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``subtitles A through I:'' and inserting
``subtitles A through J:''; and
(B) by striking paragraph (14) and inserting the
following:
``(14) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).''.
(2) Title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.) is amended--
(A) by striking ``Indian tribes'' each place it
appears and inserting ``Indian Tribes''; and
(B) by striking ``Indian tribe'' each place it
appears and inserting ``Indian Tribe''.
(3) Section 1231A(a)(3)(C) of the Food Security Act of 1985
(16 U.S.C. 3831a(a)(3)(C)) is amended by striking ``(as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304))''.
(4) 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''.
(5) Section 1244 of the Food Security Act of 1985 (16
U.S.C. 3844) is amended--
(A) in subsection (b)(1)(A)(ii), by striking ``(as
defined by the Secretary)''; and
(B) in subsection (d), by striking ``I.'' and
inserting ``J.''.
SEC. 3. 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--
(A) 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
(B) any payment or technical assistance required to
be made in connection with a contract, agreement, or
easement described in subparagraph (A).
(2) Funding.--
(A) Use of prior year funds.--Not withstanding 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) for any of fiscal
years 2019 through 2024 shall be made available to
carry out contracts, agreements, or easements referred
to in paragraph (1)(A), 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 (as amended
by section 2) to continue to carry out contracts,
agreements, or easements referred to in paragraph
(1)(A) using the provisions of law (including
regulations) in effect on the day before the date of
enactment of this Act that are applicable to those
contracts, agreements, and easements.
(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.''.
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