,i #aaith ,,congress #ast ,session ,h4 ,r4 #cdgf ,,in ,,the ,,house ,,of ,,representatives ,may #ag1 #bjbe,mr4 ,kelly of ,mississippi 7for himself1 ,ms4 ,goodlander1 ,mr4 ,moore of ,alabama1 ,mr4 ,guest1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,dean of ,pennsylvania1 and ,mr4 ,tonko7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,food ,security ,act of #aihe to require the ,secretary of ,agriculture to establish the forest conservation easement program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,forest ,conservation ,easement ,program ,act of #bjbe4 #b4 ,forest ,conservation ,easement ,program 7a7 ,in general ,title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja et seq47 is amended-- 7#a7 by redesignating subtitle ,i 7#af ,u4,s4,c4 #chga et seq47 as subtitle ,j2 and 7#b7 by inserting after subtitle ,h 7#af ,u4,s4,c4 #chfe et seq47 the following3 ,i ,forest ,conservation ,easement ,program #abfg4 ,establishment and purposes 7a7 ,establishment ,the ,secretary shall establish a forest conservation easement program for the conservation and restoration of eligible land and natural resources through the acquisition of conservation easements or other interests in land4 7b7 ,purposes ,the purposes of the program are-- 7#a7 to protect the viability and sustainability of forest land and related ecological and human conservation values of eligible land by limiting the negative impacts of non-forest land uses2 7#b7 to protect and enhance forest ecosystem and landscape functions and values2 7#c7 to promote the restoration1 protection1 and improvement of habitat of threatened and endangered species and other at-risk species2 7#d7 to maintain and enhance biodiversity2 7#e7 to enhance carbon sequestration2 7#f7 to protect and restore watersheds for water quality and quantity improvements2 7#g7 to prevent encroachment around military bases and installations2 and 7#h7 to carry out the purposes and functions of the healthy forests reserve program established under title ,v of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fega et seq471 as in effect on the day before the date of enactment of this section4 #abfg;,a4 ,definitions ,in this subtitle3 7#a7 ,beginning forest landowner ,the term beginning forest landowner means a person that-- 7,a7 7i7 has not previously owned forest land2 or 7ii7 has owned forest land for not more than #aj years2 and 7,b7 meets such other criteria as the ,secretary may establish4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an agency of ,state or local government or an ,indian ,tribe 7including a land resource council established under ,state law72 or 7,b7 an organization that is-- 7i7 organized for1 and at all times since the formation of the organization has been operated principally for1 #a or more of the conservation purposes specified in clause 7i71 7ii71 7iii71 or 7iv7 of section #agj7;h77#d77;,a7 of the ,internal ,revenue ,code of #aihf2 7ii7 an organization described in section #eja7;c77#c7 of that ,code that is exempt from taxation under section #eja7;a7 of that ,code2 or 7iii7 described in-- 7,i7 paragraph 7#a7 or 7#b7 of section #eji7;a7 of that ,code2 or 7,,ii7 section #eji7;a77#c7 of that ,code and is controlled by an organization described in section #eji7;a77#b7 of that ,code4 7#c7 ,eligible land ,the term eligible land means private land 7which shall include land owned by any organization described in paragraph 7#b77;,b7 and land owned by any other private entity1 without any eligibility requirement in addition to the eligibility requirements established by this subtitle7 or ,tribal land-- 7,a7 that is-- 7i7 forest land2 or 7ii7 being restored to forest land2 7,b7 in the case of a forest land easement-- 7i7 that is subject to a pending offer for purchase of a forest land easement from an eligible entity2 and 7ii7 7,i7 the enrollment of which would protect forest uses and related conservation values by conserving land2 or 7,,ii7 the protection of which will further a ,state or local policy consistent with the purposes of the program2 and 7,c7 in the case of a forest reserve easement1 the enrollment of which will maintain1 restore1 enhance1 or otherwise measurably-- 7i7 increase the likelihood of recovery of a species that is listed as endangered or threatened under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc72 or 7ii7 improve the well-being of a species that is-- 7,i7 not listed as endangered or threatened under that section2 and 7,,ii7 7aa7 a candidate for that listing1 a ,state-listed species1 or a special concern species2 or 7bb7 designated as a species of greatest conservation need by a ,state wildlife action plan4 7#d7 ,forest land easement ,the term forest land easement means an easement or other interest in eligible land that-- 7,a7 is conveyed to an eligible entity for the purpose of protecting natural resources and the forest nature of the eligible land2 and 7,b7 permits the landowner the right to continue working forest production and related uses4 7#e7 ,forest reserve easement ,the term forest reserve easement means an easement or other interest in eligible land that-- 7,a7 is conveyed to the ,secretary for the purpose of protecting natural resources and the forest nature of the eligible land2 and 7,b7 permits the landowner the right to continue working forest production and related uses consistent with the applicable forest reserve easement plan developed under section #abfg;,c7c77#a77;,a74 7#f7 ,program ,the term program means the forest conservation easement program established under this subtitle4 7#g7 ,socially disadvantaged forest landowner ,the term socially disadvantaged forest landowner means a forest landowner who is a member of a socially disadvantaged group 7as defined in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a7774 7#h7 ,veteran forest landowner ,the term veteran forest landowner means a forest landowner who-- 7,a7 has served in the ,armed ,forces 7as defined in section #aja of title #ch1 ,united ,states ,code72 and 7,b7 7i7 has not previously owned forest land2 7ii7 has owned forest land for not more than #aj years2 or 7iii7 is a veteran 7as defined in that section7 who has first obtained status as a veteran 7as so defined7 during the most recent #aj-year period4 #abfg;,b4 ,forest land easements 7a7 ,availability of assistance ,the ,secretary shall facilitate and provide funding for-- 7#a7 the purchase by eligible entities of forest land easements in eligible land2 7#b7 the development of a voluntary forest management plan under subsection 7b77#d77;,f72 and 7#c7 technical assistance to implement this section4 7b7 ,cost-,share assistance 7#a7 ,in general ,the ,secretary shall protect the forest use and related conservation values of eligible land through cost-share assistance to eligible entities for purchasing forest land easements4 7#b7 ,scope of assistance available 7,a7 ,federal share ,except as provided in subparagraph 7,c71 an agreement described in paragraph 7#d7 shall provide for a ,federal share of #ej percent of the fair market value of the forest land easement4 7,b7 ,determination of fair market value ,the fair market value of a forest land easement shall be determined by the ,secretary using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7ii7 an areawide market analysis or survey2 or 7iii7 another industry-approved method4 7,c7 ,exceptions ,the ,secretary may provide for a ,federal share of not to exceed #ge percent of the fair market value of a forest land easement in the case of-- 7i7 forests of special environmental significance1 as determined by the ,secretary2 or 7ii7 eligible land owned by-- 7,i7 a beginning forest landowner2 7,,ii7 a socially disadvantaged forest landowner2 7,,iii7 a veteran forest landowner2 or 7,,iv7 a limited resource forest landowner1 as defined by the ,secretary4 7,d7 ,non-,federal share 7i7 ,in general ,under an agreement described in paragraph 7#d71 the eligible entity shall provide a share that covers the difference between-- 7,i7 the ,federal share that is provided under this paragraph2 and 7,,ii7 the fair market value of the forest land easement4 7ii7 ,permissible forms ,the non-,federal share provided by an eligible entity under this subparagraph may comprise-- 7,i7 cash resources2 7,,ii7 a charitable donation or qualified conservation contribution 7as defined in section #agj7;h7 of the ,internal ,revenue ,code of #aihf7 from the private forest landowner from which the forest land easement will be purchased2 7,,iii7 costs associated with securing a deed to the forest land easement1 including the cost of appraisal1 survey1 inspection1 and title2 and 7,,iv7 other costs1 as determined by the ,secretary4 7#c7 ,evaluation and ranking of applications 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the program4 7,b7 ,priority ,in evaluating applications under the program1 the ,secretary shall give priority to an application for the purchase of a forest land easement that1 as determined by the ,secretary-- 7i7 maintains the viability of working forest land2 and 7ii7 will1 not later than the time of acquisition of the forest land easement1 include a forest management plan developed for the eligible land1 which may comprise-- 7,i7 a forest stewardship plan described in section #e7;f7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;a7f772 7,,ii7 another plan approved by the applicable ,state forester or ,state forestry agency2 7,,iii7 a plan developed under a third-party certification system2 or 7,,iv7 another plan determined appropriate by the ,secretary4 7,c7 ,considerations ,in establishing the criteria under subparagraph 7,a71 the ,secretary shall emphasize support for-- 7i7 protecting forest uses and related conservation values of the eligible land2 7ii7 reducing fragmentation2 and 7iii7 maximizing the areas protected from conversion to non-forest uses4 7,d7 ,accounting for geographic differences ,the ,secretary may adjust the criteria established under subparagraph 7,a7 to account for geographic differences1 if the adjustments-- 7i7 meet the purposes of the program2 and 7ii7 continue to maximize the benefit of the ,federal investment under the program4 7,e7 ,bidding down ,if the ,secretary determines that #b or more applications for cost-share assistance are comparable in achieving the purpose of the program1 the ,secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program4 7#d7 ,agreements with eligible entities 7,a7 ,in general ,the ,secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section4 7,b7 ,length of agreements 7i7 ,in general ,an agreement under subparagraph 7,a7 shall be for a term that is-- 7,i7 in the case of an eligible entity certified under paragraph 7#e71 not less than #e years2 and 7,,ii7 in the case of any other eligible entity1 not less than #c1 but not more than #e1 years1 unless the ,secretary determines that an extension of time is justified4 7ii7 ,expediting closings ,the ,secretary is encouraged to expedite closing on forest land easements1 as practicable4 7,c7 ,minimum terms and conditions ,an eligible entity shall be authorized to use its own terms and conditions for forest land easements so long as the ,secretary determines such terms and conditions-- 7i7 are consistent with-- 7,i7 the purposes of the program2 and 7,,ii7 the forestry activities to be conducted on the eligible land2 7ii7 permit effective enforcement of the conservation purposes of the forest land easements2 7iii7 include a right of enforcement for the ,secretary that-- 7,i7 may be used only if the terms and conditions of the forest land easement are not enforced by the eligible entity2 and 7,,ii7 does not extend to a right of inspection unless-- 7aa7 7,,aa7 the holder of the forest land easement fails to provide monitoring reports in a timely manner2 or 7,,bb7 the ,secretary has a reasonable and articulable belief that the terms and conditions of the forest land easement have been violated2 and 7bb7 prior to the inspection1 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 inspection2 and 7iv7 include a limit on the impervious surfaces to be allowed that is consistent with the forestry activities to be conducted4 7,d7 ,additional permitted terms and conditions ,an eligible entity may include terms and conditions for a forest land easement that-- 7i7 are intended to keep the eligible land subject to the forest land easement in active forest management1 as determined by the ,secretary2 7ii7 allow subsurface mineral development on the eligible land subject to the forest land easement and in accordance with applicable ,state law if1 as determined by the ,secretary-- 7,i7 the subsurface mineral development-- 7aa7 has a limited and localized impact2 7bb7 does not harm the forest use and conservation values of the eligible land subject to the forest land easement2 7cc7 does not materially alter or affect the existing topography2 7dd7 complies with a subsurface mineral development plan that-- 7,,aa7 includes a plan for the remediation of impacts to the forest use and conservation values of the eligible land subject to the forest land easement2 and 7,,bb7 is approved by the ,secretary prior to the initiation of mineral development activity2 7ee7 is not accomplished by any surface mining method2 7ff7 is within the impervious surface limits of the forest land easement under subparagraph 7,c77iv72 and 7gg7 uses practices and technologies that minimize the duration and intensity of impacts to the forest use and conservation values of the eligible land subject to the forest land easement2 and 7,,ii7 each area impacted by the subsurface mineral development is reclaimed and restored by the holder of the mineral rights at cessation of operation2 and 7iii7 include other relevant activities relating to the forest land easement1 as determined by the ,secretary4 7,e7 ,substitution of qualified projects ,an agreement under subparagraph 7,a7 shall allow1 upon mutual agreement of the parties1 substitution of qualified projects that are identified at the time of the proposed substitution4 7,f7 ,voluntary forest management plan 7i7 ,in general ,if the eligible land does not have a forest management plan at the time of application1 prior to the acquisition of the forest land easement the landowner shall develop1 in partnership with the eligible entity1 a voluntary forest management plan for the land subject to the forest land easement4 7ii7 ,voluntary forest management plan defined ,in this subparagraph1 the term voluntary forest management plan means-- 7,i7 a forest stewardship plan described in section #e7;f7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;a7f772 7,,ii7 another plan approved by the applicable ,state forester or ,state forestry agency2 7,,iii7 a plan developed under a third-party certification system2 or 7,,iv7 another plan determined appropriate by the ,secretary4 7iii7 ,reimbursement ,the ,secretary may reimburse the landowner for the cost of the development of the voluntary forest management plan4 7,g7 ,effect of violation ,if a violation of a term or condition of an agreement under subparagraph 7,a7 occurs-- 7i7 the ,secretary may terminate the agreement2 and 7ii7 the ,secretary may require the eligible entity to refund all or part of any payments received by the eligible entity under the program1 with interest on the payments as determined appropriate by the ,secretary4 7#e7 ,certification of eligible entities 7,a7 ,certification process ,the ,secretary shall establish a process to create forest land easement acquisition and operational efficiencies1 under which the ,secretary shall-- 7i7 directly certify eligible entities that meet established criteria2 7ii7 enter into long-term agreements with certified eligible entities2 7iii7 accept proposals for cost-share assistance for the purchase of forest land easements throughout the duration of such agreements2 and 7iv7 allow a certified eligible entity to use and modify its own terms and conditions1 notwithstanding subparagraphs 7,c7 and 7,d7 of paragraph 7#d74 7,b7 ,certification criteria ,to be certified under subparagraph 7,a77i71 an eligible entity shall demonstrate to the ,secretary that the eligible entity-- 7i7 will maintain1 at a minimum1 for the duration of an agreement described in subparagraph 7,a77ii7-- 7,i7 a plan for administering forest land easements that is consistent with the purposes of the program2 7,,ii7 the capacity and resources to monitor and enforce forest land easements2 and 7,,iii7 policies and procedures to ensure-- 7aa7 the long-term integrity of forest land easements2 7bb7 timely completion of acquisitions of forest land easements2 and 7cc7 timely and complete evaluation and reporting to the ,secretary on the use of funds provided under the program2 7ii7 7,i7 is an eligible entity that has been accredited by the ,land ,trust ,accreditation ,commission1 or by an equivalent accrediting body1 as determined by the ,secretary1 and has acquired not fewer than #e forest land easements under the program or any other forest easement program2 7,,ii7 is a ,state department of agriculture or other ,state agency with statutory authority for forest land protection that has acquired not fewer than #e forest land easements under the program or any other forest easement program2 or 7,,iii7 is an eligible entity not described in subclause 7,i7 or 7,,ii7 that has acquired not fewer than #aj forest land easements under the program or any other forest easement program2 and 7iii7 has successfully met the responsibilities of the eligible entity under the applicable agreements with the ,secretary1 as determined by the ,secretary1 relating to forest land easements that the eligible entity has acquired as described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7ii74 7,c7 ,quality assurance ,the ,secretary shall establish an annual quality review process-- 7i7 to review a minimum sample of forest land easements acquired by eligible entities certified under subparagraph 7,a77i72 7ii7 to ensure the integrity of the forest land easement acquisition process under subparagraph 7,a72 7iii7 to establish a nonpunitive process for corrective actions with respect to the processes described in subparagraph 7,a72 and 7iv7 to provide for waiver of successive annual reviews based on demonstrated compliance with the requirements under this paragraph4 7c7 ,method of enrollment ,the ,secretary shall enroll eligible land under this section through the use of-- 7#a7 permanent easements2 or 7#b7 easements for the maximum duration allowed under applicable ,state laws4 7d7 ,technical assistance ,the ,secretary may provide technical assistance1 on request1 to assist in compliance with the terms and conditions of forest land easements4 #abfg;,c4 ,forest reserve easements 7a7 ,availability of assistance ,the ,secretary shall provide assistance to owners of eligible land to restore1 protect1 and enhance eligible land through-- 7#a7 forest reserve easements and related forest reserve easement plans2 and 7#b7 technical assistance to implement this section4 7b7 ,easements 7#a7 ,method of enrollment 7,a7 ,authorized methods ,the ,secretary shall enroll eligible land under this section-- 7i7 through the use of-- 7,i7 permanent easements2 7,,ii7 #cj-year easements2 and 7,,iii7 easements for the maximum duration allowed under applicable ,state laws2 and 7ii7 in the case of ,indian ,tribes1 in accordance with subparagraph 7,b74 7,b7 ,acreage owned by ,indian ,tribes 7i7 ,definition of acreage owned by an ,indian ,tribe ,in this subparagraph1 the term acreage owned by an ,indian ,tribe means eligible land that is-- 7,i7 land that is held in trust by the ,united ,states for ,indian ,tribes or individual ,indians2 7,,ii7 land1 the title to which is held by ,indian ,tribes or individual ,indians subject to ,federal restrictions against alienation or encumbrance2 7,,iii7 land that is subject to rights of use1 occupancy1 and benefit of certain ,indian ,tribes2 7,,iv7 land that is held in fee title by an ,indian ,tribe2 7,v7 land that is owned by a native corporation formed under-- 7aa7 section #ag of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#dh ,stat4 #ihh1 chapter #egf2 #be ,u4,s4,c4 #eabd72 or 7bb7 section #h of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjg72 or 7,,vi7 a combination of #a or more types of land described in subclauses 7,i7 through 7,v74 7ii7 ,enrollment of acreage ,in the case of acreage owned by an ,indian ,tribe1 the ,secretary may enroll acreage in a forest reserve easement through the use of-- 7,i7 a #cj-year contract 7the compensation for which shall be equivalent to the compensation for a #cj-year easement72 7,,ii7 a permanent easement2 or 7,,iii7 any combination of the methods described in subclauses 7,i7 and 7,,ii74 7,c7 ,limitation ,not more than #aj percent of amounts made available to carry out this section in a fiscal year may be used for #cj-year easements under this section4 7#b7 ,evaluation and ranking of offers 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria for offers from landowners under this section to maximize the environmental benefits per dollar expended under the program4 7,b7 ,priority ,the ,secretary shall give priority to the enrollment of eligible land under this section that provides the greatest conservation benefit to-- 7i7 primarily1 species listed as endangered or threatened under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc72 and 7ii7 secondarily1 species that are-- 7,i7 not listed as endangered or threatened under that section2 and 7,,ii7 7aa7 candidates for that listing1 ,state-listed species1 or special concern species2 or 7bb7 designated as species of greatest conservation need by a ,state wildlife action plan4 7,c7 ,other considerations ,the ,secretary may give additional consideration to eligible land the enrollment under this section of which will-- 7i7 improve biological diversity2 7ii7 restore native forest ecosystems2 7iii7 conserve forest land that provides habitat for species described in subparagraph 7,b72 7iv7 reduce fragmentation2 and 7v7 increase carbon sequestration4 7#c7 ,terms and conditions of easements 7,a7 ,in general ,a forest reserve easement shall include terms and conditions that-- 7i7 are consistent with the purposes of the program and the forestry activities to be conducted on the eligible land2 7ii7 are consistent with the management objectives of the owner of the eligible land1 as determined appropriate by the ,secretary and identified in the forest reserve easement plan developed under subsection 7c77#a77;,a72 7iii7 permit effective enforcement of the conservation purposes of the forest reserve easements2 7iv7 provide for the efficient and effective establishment or enhancement of forest ecosystem functions and values2 and 7v7 include such additional provisions as the ,secretary determines are desirable to carry out the program or facilitate the practical administration of the program4 7,b7 ,adjustment of terms ,to ensure the terms and conditions of a forest reserve easement are consistent with the management objectives of the owner of the eligible land and the purposes of the program1 the ,secretary may adjust the standard terms and conditions for any forest reserve easement prior to acquiring the forest reserve easement1 as long as the adjustment does not conflict with this section4 7#d7 ,compensation 7,a7 ,permanent easements ,in the case of eligible land enrolled in a permanent easement under this section1 the ,secretary shall pay the owner of the eligible land an amount equal to the difference between1 as determined by the ,secretary-- 7i7 the fair market value of the eligible land before the enrollment in the permanent easement2 and 7ii7 the fair market value of the eligible land as encumbered by the permanent easement4 7,b7 ,other ,the ,secretary shall pay the owner of eligible land enrolled under this section in a #cj-year contract1 a #cj-year easement1 or an easement for the maximum duration allowed under applicable ,state laws not less than #ej percent1 and not more than #ge percent1 of the compensation that would be paid for a permanent easement in accordance with subparagraph 7,a74 7,c7 ,determination of fair market value ,the ,secretary shall determine the fair market value of eligible land for purposes of this paragraph using the ,uniform ,standards of ,professional ,appraisal ,practice or another industry-approved method4 7c7 ,easement restoration and management 7#a7 ,forest reserve easement plan 7,a7 ,in general ,land enrolled in a forest reserve easement shall be subject to a forest reserve easement plan1 to be developed jointly by the landowner and the ,secretary1 that describes the activities to be carried out on the land1 as are necessary to restore1 maintain1 and enhance habitat for species described in subsection 7b77#b77;,b71 including-- 7i7 converting or restoring forest land to improve forest ecosystem functions and values2 7ii7 enhancing or maintaining existing forest ecosystem functions and values2 7iii7 restoring marginal farmland or degraded forest land to improve forest ecosystem functions and values2 7iv7 the conservation treatments and forest management practices that will achieve the conservation values and goals that are consistent with the program1 as determined by the ,secretary2 or 7v7 any combination of the activities described in clauses 7i7 through 7iv74 7,b7 ,practices and measures ,a forest reserve easement plan developed under subparagraph 7,a7 shall require such practices and measures as are necessary to accomplish the activities described in subparagraph 7,a71 which may include-- 7i7 land management and silviculture practices2 7ii7 vegetative treatments2 7iii7 structural practices and measures2 7iv7 practices to increase carbon sequestration2 7v7 practices to improve biological diversity2 and 7vi7 other practices and measures1 as determined by the ,secretary4 7#b7 ,financial assistance 7,a7 ,in general ,the ,secretary shall provide financial assistance to owners of eligible land to carry out the activities1 practices1 and measures described in the forest reserve easement plan developed for the eligible land under paragraph 7#a74 7,b7 ,payments ,with respect to financial assistance provided under subparagraph 7,a71 the ,secretary shall-- 7i7 in the case of a permanent easement1 pay an amount that is not more than #ajj percent of the eligible costs described in subparagraph 7,c71 as determined by the ,secretary2 and 7ii7 in the case of a #cj-year contract1 a #cj-year easement1 or an easement for the maximum duration allowed under applicable ,state laws1 pay an amount that is not less than #ej percent1 and not more than #ge percent1 of the eligible costs described in subparagraph 7,c71 as determined by the ,secretary4 7,c7 ,eligible costs ,costs eligible for payments under this paragraph are the costs of activities1 practices1 and measures referred to in subparagraph 7,a7 that are associated with the initial restoration or enhancement of the required habitat conditions for the applicable species4 7,d7 ,timing of payments ,payments under this paragraph shall be made-- 7i7 only on a determination by the ,secretary that an activity1 practice1 or measure described in subparagraph 7,c7 has been established in compliance with appropriate standards and specifications2 and 7ii7 as soon as practicable after the obligation is incurred4 7,e7 ,limitations ,cost-sharing payments made by the ,secretary under this paragraph to a person or legal entity may not exceed #ejj1jjj per easement or contract4 7,f7 ,participation in other programs ,the ,secretary shall not prohibit owners of eligible land enrolled in a forest reserve easement from being eligible for any other ,department of ,agriculture or other ,federal program with respect to activities1 practices1 and measures not funded by payments under this paragraph4 7d7 ,technical assistance 7#a7 ,in general ,the ,secretary shall provide to owners of eligible land technical assistance to assist the owners in complying with the terms and conditions of a forest reserve easement4 7#b7 ,contracts or agreements ,the ,secretary may enter into #a or more contracts with private entities or agreements with a ,state1 nongovernmental organization1 or ,indian ,tribe to provide technical assistance with the implementation of this section1 including the enrollment1 restoration1 enhancement1 or maintenance of a forest reserve easement1 if the ,secretary determines that the contract or agreement will advance the purposes of the program4 7e7 ,protections and measures 7#a7 ,protections ,in the case of a landowner that enrolls eligible land in a forest reserve easement1 and whose conservation activities result in a net conservation benefit for a species described in subsection 7b77#b77;,b71 the ,secretary shall make available to the landowner safe harbor or similar assurances and protection under-- 7,a7 section #g7;b77#d7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#d772 or 7,b7 section #aj7;a77#a7 of that ,act 7#af ,u4,s4,c4 #aeci7;a77#a774 7#b7 ,measures ,if protection under paragraph 7#a7 requires the taking of measures that are in addition to the measures covered by the applicable forest reserve easement plan agreed to under subsection 7c77#a71 the cost of the additional measures1 and the cost of any permit1 shall be considered part of the forest reserve easement plan for purposes of financial assistance under subsection 7c77#b74 7f7 ,administration 7#a7 ,delegation of easement administration 7,a7 ,federal and ,state agencies ,the ,secretary may delegate any of the management1 monitoring1 and enforcement responsibilities of the ,secretary under this section to other ,federal or ,state agencies that have the appropriate authority1 expertise1 and resources necessary to carry out those delegated responsibilities4 7,b7 ,conservation organizations ,the ,secretary may delegate any of the management responsibilities of the ,secretary under this section to conservation organizations if the ,secretary determines the organization has the appropriate expertise and resources necessary to carry out those delegated responsibilities4 7#b7 ,involvement by other agencies and organizations ,in carrying out this section1 the ,secretary may consult with-- 7,a7 private forest landowners2 7,b7 other ,federal agencies2 7,c7 ,state forestry agencies2 7,d7 ,state fish and wildlife agencies2 7,e7 ,state environmental quality agencies2 7,f7 other ,state conservation agencies2 and 7,g7 nonprofit conservation organizations4 #abfg;,d4 ,administration 7a7 ,set aside for historically underserved landowners 7#a7 ,allocation of funds ,of the amounts made available for each of fiscal years #bjbf through #bjcj to carry out the program1 the ,secretary shall use1 to the maximum extent practicable1 #aj percent to enroll in the program eligible land owned by-- 7,a7 a beginning forest landowner2 7,b7 a socially disadvantaged forest landowner2 7,c7 a veteran forest landowner2 or 7,d7 a limited resource forest landowner1 as defined by the ,secretary4 7#b7 ,repooling of funds ,in any fiscal year1 amounts not obligated under paragraph 7#a7 by a date determined by the ,secretary shall be available for enrollment of any land eligible for enrollment under the program4 7b7 ,ineligible land 7#a7 ,in general ,the ,secretary shall not use amounts made available to carry out the program for the purposes of acquiring an easement on-- 7,a7 land owned by a ,federal agency1 other than acreage owned by an ,indian ,tribe 7as defined in section #abfg;,c7b77#a77;,b77i772 7,b7 land owned in fee title by a ,state1 including an agency or a subdivision of a ,state1 or a unit of local government2 7,c7 land subject to an easement or deed restriction that1 as determined by the ,secretary1 provides similar protection as would be provided by enrollment in the program2 or 7,d7 land the enrollment in the program of which would undermine the purposes of the program due to on-site or off-site conditions1 such as risk of hazardous substances1 permitted or existing rights of way1 infrastructure development1 or adjacent land uses4 7#b7 ,limitation ,the ,secretary shall not impose any limitation on the use of amounts made available to carry out the program for the purposes of acquiring an easement on any land not described in any of subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7c7 ,subordination1 exchange1 modification1 and termination 7#a7 ,subordination ,the ,secretary may subordinate any interest in eligible land1 or portion of such an interest1 administered by the ,secretary 7including for the purposes of utilities and energy transmission services7 directly or on behalf of the ,commodity ,credit ,corporation under the program if the ,secretary determines that the subordination-- 7,a7 increases conservation values or has a limited negative effect on conservation values2 7,b7 minimally affects the acreage subject to the interest in eligible land2 and 7,c7 is in the public interest or furthers the practical administration of the program4 7#b7 ,modification and exchange 7,a7 ,authority ,the ,secretary may approve a modification or exchange of any interest in eligible land1 or portion of such an interest1 administered by the ,secretary1 directly or on behalf of the ,commodity ,credit ,corporation under the program if the ,secretary determines that-- 7i7 no reasonable alternative exists and the effect on the interest in eligible land is avoided or minimized to the extent practicable2 and 7ii7 the modification or exchange-- 7,i7 results in equal or increased conservation values2 7,,ii7 results in equal or greater economic value to the ,united ,states2 7,,iii7 is consistent with the original intent of the easement2 7,,iv7 is consistent with the purposes of the program2 and 7,v7 is in the public interest or furthers the practical administration of the program4 7,b7 ,limitation ,in modifying or exchanging an interest in eligible land1 or portion of such an interest1 under this paragraph1 the ,secretary may not increase any payment to an eligible entity4 7#c7 ,termination ,the ,secretary may approve a termination of any interest in eligible land1 or portion of such an interest1 administered by the ,secretary1 directly or on behalf of the ,commodity ,credit ,corporation under the program if the ,secretary determines that-- 7,a7 termination is in the interest of the ,federal ,government2 7,b7 the ,united ,states will be fully compensated for-- 7i7 the fair market value of the interest in eligible land2 7ii7 any costs relating to the termination2 and 7iii7 any damages determined appropriate by the ,secretary2 and 7,c7 the termination will-- 7i7 address a compelling public need for which there is no practicable alternative even with avoidance and minimization2 and 7ii7 further the practical administration of the program4 7#d7 ,consent ,the ,secretary shall obtain consent from the landowner and eligible entity1 if applicable1 for any subordination1 exchange1 modification1 or termination of an interest in eligible land1 or portion of such an interest1 under this subsection4 7#e7 ,notice ,not less than #ij days before taking any termination action described in paragraph 7#c71 the ,secretary shall provide written notice of that action to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7d7 ,land enrolled in other programs ,in accordance with section #d7;b7 of the ,forest ,conservation ,easement ,program ,act of #bjbe1 land enrolled in the healthy forests reserve program established under title ,v of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fega et seq47 on the day before the date of enactment of this section shall be considered enrolled in the program4 7e7 ,program eligibility ,sections #ajja through #ajja;,f shall not apply to owners of eligible land for the purposes of determining eligibility for the program4 7f7 ,streamlined enrollment process ,the ,secretary shall provide for a streamlined application and enrollment process for determining the eligibility of forest landowners for the program4 7g7 ,environmental services market ,the ,secretary may not prohibit through a contract1 easement1 or agreement under the program a participant in the program from participating in1 and receiving compensation from1 an environmental services market if #a of the purposes of the environmental services market is the facilitation of additional conservation benefits that are consistent with the purposes of the program4 4 7b7 ,conforming amendments 7#a7 ,section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking subtitles ,a through ,i3 and inserting subtitles ,a through ,j34 7#b7 ,section #abda7;e77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7;e77#a77 is amended by striking subtitle ,i and inserting subtitle ,j4 7#c7 ,section #abdd7;d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7;d77 is amended by striking ,i4 and inserting ,j44 #c4 ,funding ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting and for each of fiscal years #bjbf through #bjcj with respect to paragraph 7#e71 after #bjca12 and 7,b7 by adding at the end the following3 7#e7 ,the forest conservation easement program established under subtitle ,i1 using #ajj1jjj1jjj for each of fiscal years #bjbf through #bjcj4 2 and 7#b7 in subsection 7b71 by inserting 1 and each of fiscal years #bjbf through #bjcj with respect to paragraph 7#e7 of that subsection1 after #bjca4 #d4 ,healthy ,forests ,reserve ,program 7a7 ,repeal ,title ,v of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fega et seq47 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing contracts1 agreements1 and easements ,the repeal made by subsection 7a7 shall not affect the validity or terms of any contract1 agreement1 or easement entered into by the ,secretary of ,agriculture under title ,v of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fega et seq47 before the date of enactment of this ,act1 or any payments required to be made in connection with the contract1 agreement1 or easement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal made by subsection 7a71 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 #bjjc 7#af ,u4,s4,c4 #fega et seq47 7as in effect on the day before the date of enactment of this ,act7 shall be made available to carry out contracts1 agreements1 or easements referred to in paragraph 7#a7 that were entered into prior to the date of enactment of this ,act1 subject to the condition that no such contract1 agreement1 or easement may be modified so as to increase the amount of any payment received4 7,b7 ,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 #aihe to continue to carry out contracts1 agreements1 or easements referred to in paragraph 7#a7 using the provisions of law 7including regulations7 applicable to those contracts1 agreements1 and easements as in existence on the day before the date of enactment of this ,act4 7c7 ,conforming amendments 7#a7 ,the table of contents in section #a7;b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7,public ,law #ajh-adh2 #aag ,stat4 #ahhg7 is amended by striking the items relating to title ,v4 7#b7 ,section #abga;,a7#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;a7#a77 is amended by striking subparagraph 7,d7 and inserting the following3 7,d7 ,the forest conservation easement program established under subtitle ,i4 4 #e4 ,sense of ,congress ,it is the sense of ,congress that the costs of carrying out this ,act shall be offset4