[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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