,,ii #aaith ,,congress #ast ,session ,s4 #ajej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjbe,mrs4 ,gillibrand 7for herself and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,food ,security ,act of #aihe to require the ,secretary of ,agriculture to establish a ,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 ,definitions ,in this subtitle3 7#a7 ,acreage owned by an ,indian ,tribe ,the term acreage owned by an ,indian ,tribe means-- 7,a7 land that is held in trust by the ,united ,states for an ,indian ,tribe or individual ,indian2 7,b7 land the title to which is held by an ,indian ,tribe or individual ,indian1 subject to a ,federal restriction against alienation or encumbrance2 7,c7 land that is subject to rights of use1 occupancy1 and benefit of #a or more ,indian ,tribes2 7,d7 land that is held in fee title by an ,indian ,tribe2 7,e7 land that is owned by a ,native corporation established under-- 7i7 section #ag of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#be ,u4,s4,c4 #eabd72 or 7ii7 section #h of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjg72 and 7,f7 any combination of #a or more types of land described in subparagraphs 7,a7 through 7,e74 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 and 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 ,code1 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 or acreage owned by an ,indian ,tribe-- 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 the enrollment of which would protect working forests and related conservation values by conserving land2 or 7ii7 the protection of which will further a ,state or local policy in accordance 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-- 7,i7 is not listed as endangered or threatened under that section2 but 7,,ii7 7aa7 is a candidate for that listing or listing as a ,state-listed species or a species of special concern2 or 7bb7 is designated by a ,state wildlife action plan as a species of greatest conservation need4 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 the natural resources and forest nature of the eligible land2 and 7,b7 permits the landowner the right to continue working forest production and related uses1 in accordance with an applicable forest management plan4 7#e7 ,forest management plan ,the term forest management plan means-- 7,a7 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,b7 a forest plan approved by the applicable ,state forester or ,state forestry agency2 7,c7 a forest plan developed under a third-party certification system determined appropriate by the ,secretary2 and 7,d7 any other plan determined appropriate by the ,secretary4 7#f7 ,forest reserve easement ,the term forest reserve easement means an easement or other interest in eligible land that-- 7,a7 is conveyed by the landowner to the ,secretary for the purpose of protecting the natural resources and forest nature of the eligible land2 and 7,b7 permits the landowner the right to continue working forest production and related uses1 in accordance with the applicable forest reserve easement plan developed under section #abfg;,c7e77#a74 7#g7 ,program ,the term ,program means the ,forest ,conservation ,easement ,program established under section #abfg;,a7a74 7#h7 ,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 #abfg;,a4 ,establishment and purposes 7a7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,forest ,conservation ,easement ,program1 for the conservation and restoration of eligible land and natural resources through the acquisition of forest land easements or forest reserve easements4 7b7 ,purposes ,the purposes of the ,program are-- 7#a7 to protect the viability and sustainability of working forests and related conservation values of eligible land by limiting the negative effects of nonforest uses2 7#b7 to protect and enhance forest ecosystem and landscape functions and values2 7#c7 to promote the restoration1 protection1 and improvement of habitats of species that are threatened1 endangered1 or otherwise at-risk2 and 7#d7 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 seq47 7as in effect on the day before the date of enactment of this section74 #abfg;,b4 ,forest land easements 7a7 ,authorization ,as part of the ,program1 the ,secretary shall facilitate and provide funding in accordance with this section for-- 7#a7 the purchase by eligible entities of forest land easements on eligible land2 7#b7 the development of forest management plans2 and 7#c7 technical assistance to implement this section4 7b7 ,applications 7#a7 ,in general ,to be eligible to receive assistance under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,criteria 7,a7 ,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 ,program4 7,b7 ,considerations ,in establishing the criteria under subparagraph 7,a71 the ,secretary shall emphasize support for-- 7i7 protecting working forests and related conservation values of eligible land2 7ii7 reducing fragmentation of forest land2 and 7iii7 maximizing the areas protected from conversion to nonforest uses4 7#c7 ,priority ,in evaluating applications under this subsection1 the ,secretary shall give priority to an application for the purchase of a forest land easement-- 7,a7 that maintains the viability of a working forest1 as determined by the ,secretary2 and 7,b7 on eligible land for which a forest management plan has been developed at the time of application4 7#d7 ,forest management plan 7,a7 ,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 subsection1 the landowner1 in partnership with the applicable eligible entity1 shall develop a forest management plan for that eligible land as a condition of acquisition of the forest land easement4 7,b7 ,reimbursement ,the ,secretary may reimburse a landowner for the cost of development of a forest management plan under subparagraph 7,a74 7#e7 ,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 landowners4 7c7 ,cost-,share assistance 7#a7 ,in general ,on approval of an application of an eligible entity under subsection 7b71 the ,secretary shall provide to the eligible entity cost-share assistance for purchasing #a or more forest land easements on the eligible land that is the subject of the application4 7#b7 ,agreements 7,a7 ,in general ,as a condition of receipt of cost-share assistance under the ,program1 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 assistance4 7,b7 ,duration ,an agreement under subparagraph 7,a7 shall be for a term of not less than #c1 but not more than #e1 years1 unless the ,secretary determines that a longer term is justified4 7,c7 ,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 section1 subject to the condition that the ,secretary shall determine that those 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 easement2 7iii7 include a requirement to implement a forest management plan on eligible land subject to the forest land easement1 subject to the condition that the forest management plan shall not be incorporated in1 or attached to1 the deed for the forest land easement2 7iv7 include a limit on the impervious surfaces to be allowed that is consistent with the forestry activities to be conducted2 and 7v7 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 inspection4 7,d7 ,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-- 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 easement1 in accordance with applicable ,state law1 if the ,secretary determines that-- 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 land2 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 land2 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 land2 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 on mutual agreement of the parties1 substitution of qualified projects that are identified at the time of the proposed substitution4 7,f7 ,effect of violation ,if a violation of a term or condition of an agreement under subparagraph 7,a7 occurs1 the ,secretary may-- 7i7 terminate the agreement2 and 7ii7 require the eligible entity to refund all1 or any part of1 the payments received by the eligible entity under the ,program1 with interest on the payments as determined to be appropriate by the ,secretary4 7#c7 ,scope 7,a7 ,federal share 7i7 ,in general ,except as provided in clause 7ii71 an agreement under paragraph 7#b7 shall provide for a ,federal share of #ej percent of the fair market value of the forest land easement1 as determined by the ,secretary4 7ii7 ,exception ,an agreement under paragraph 7#b7 may provide for a ,federal share of not more than #ge percent of the fair market value of a forest land easement in the case of eligible land that is-- 7,i7 a forest of special environmental significance1 as determined by the ,secretary2 or 7,,ii7 owned by a socially disadvantaged forest landowner4 7,b7 ,non-,federal share 7i7 ,in general ,under an agreement under paragraph 7#b71 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 7,a74 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 whom the forest land easement will be purchased2 7,,iii7 costs associated with securing a deed to the forest land easement1 including the costs of appraisal1 survey1 inspection1 and title2 and 7,,iv7 other costs1 as determined by the ,secretary4 7,c7 ,determination of fair market value ,for purposes of this paragraph1 the ,secretary shall determine the fair market value of a forest land easement using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7ii7 an areawide market analysis or survey2 or 7iii7 another industry-approved method4 7d7 ,methods of enrollment ,on acquisition of a forest land easement by an eligible entity using assistance provided under this section1 the ,secretary shall enroll the eligible land subject to the forest land easement in the ,program through the use of-- 7#a7 a permanent easement2 or 7#b7 an easement for the maximum duration allowed under applicable ,state law4 7e7 ,technical assistance ,the ,secretary may provide technical assistance1 on request1 to assist in compliance with the terms and conditions of a forest land easement under this section4 #abfg;,c4 ,forest reserve easements 7a7 ,authorization ,as part of the ,program1 the ,secretary shall provide to landowners of eligible land assistance to restore1 protect1 and enhance the eligible land through-- 7#a7 acquisition by the ,secretary of forest reserve easements on eligible land2 7#b7 assistance in developing forest reserve easement plans under subsection 7e72 and 7#c7 technical assistance to implement this section4 7b7 ,offers 7#a7 ,in general ,to be eligible to grant to the ,secretary a forest reserve easement under this section1 a landowner of eligible land shall submit to the ,secretary an offer at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria with respect to offers submitted under this subsection4 7#c7 ,priority ,in evaluating offers under this subsection1 the ,secretary shall give priority to an offer for a forest reserve easement that provides the greatest conservation benefit-- 7,a7 primarily1 to a species listed as endangered or threatened under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc72 and 7,b7 secondarily1 to any species that-- 7i7 is not listed as endangered or threatened under that section2 but 7ii7 7,i7 is a candidate for that listing or listing as a ,state-listed species or species of special concern2 or 7,,ii7 is designated by a ,state wildlife action plan as a species of greatest conservation need4 7#d7 ,other considerations ,the ,secretary may give additional consideration to eligible land the enrollment under this section of which will-- 7,a7 improve biological diversity2 7,b7 restore a native forest ecosystem2 7,c7 conserve forest land that provides a habitat for any species described in paragraph 7#c72 7,d7 reduce fragmentation of forest land2 or 7,e7 increase carbon sequestration4 7#e7 ,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 landowners4 7c7 ,methods of enrollment 7#a7 ,in general ,on approval of an offer under subsection 7b71 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-- 7,a7 a permanent easement2 7,b7 a #cj-year easement2 7,c7 an easement for the maximum duration allowed under applicable ,state law2 or 7,d7 in the case of acreage owned by an ,indian ,tribe-- 7i7 a #cj-year contract1 the compensation for which shall be equivalent to the compensation for a #cj-year easement2 or 7ii7 a permanent easement4 7#b7 ,limitation ,not more than #aj percent of amounts made available to carry out this section for a fiscal year may be used for #cj-year easements under this subsection4 7d7 ,easements 7#a7 ,terms and conditions 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-- 7,i7 the management objectives of the landowner of the eligible land2 and 7,,ii7 the implementation of the relevant forest reserve easement plan developed under subsection 7e77#a72 7iii7 permit effective enforcement of the conservation purposes of 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 to be appropriate-- 7,i7 to carry out the ,program2 or 7,,ii7 to facilitate the practical administration of the ,program4 7,b7 ,requested terms and conditions ,a landowner of eligible land may request that a term or condition be included in a forest reserve easement1 and the ,secretary may include the term or condition1 if the ,secretary determines that the term or condition-- 7i7 is consistent with-- 7,i7 the management objectives of the landowner2 and 7,,ii7 the implementation of the relevant forest reserve easement plan2 and 7ii7 does not conflict with any term or condition included under subparagraph 7,a74 7#b7 ,compensation 7,a7 ,permanent easements ,in the case of eligible land enrolled in a permanent easement under this section1 the ,secretary shall pay to the landowner 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 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 to the landowner 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 law not less than #ej percent1 and not more than #ge percent1 of the compensation that would be paid under subparagraph 7,a7 if the land were enrolled in a permanent easement under this section4 7,c7 ,determination of fair market value ,for purposes of this paragraph1 the ,secretary shall determine the fair market value of eligible land using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practice2 or 7ii7 another industry-approved method4 7e7 ,forest reserve easement plans 7#a7 ,in general ,eligible land enrolled in a forest reserve easement under this section shall be subject to a forest reserve easement plan1 to be developed jointly by the landowner and the ,secretary1 that describes such activities to be carried out on the eligible land as are necessary to restore1 maintain1 and enhance habitat for species described in subsection 7b77#c74 7#b7 ,practices and measures ,a forest reserve easement plan under paragraph 7#a7 may include1 with respect to the eligible land subject to the plan-- 7,a7 vegetative management and silviculture practices2 7,b7 structural practices and measures2 7,c7 practices to increase carbon sequestration2 7,d7 practices to improve biological diversity2 and 7,e7 other practices and measures1 as determined by the ,secretary4 7#c7 ,financial assistance 7,a7 ,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 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 under subparagraph 7,a71 the ,secretary shall pay-- 7i7 in the case of a forest reserve easement plan for eligible land enrolled in a permanent easement1 an amount equal to 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 forest reserve easement plan for eligible land enrolled in a #cj-year contract1 a #cj-year easement1 or an easement for the maximum duration allowed under applicable ,state law1 an amount equal to 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 ,the costs eligible for payments under this paragraph are the costs of activities1 practices1 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 plan4 7,d7 ,timing 7i7 ,determination ,as soon as practicable after the commencement on eligible land enrolled in a forest reserve easement of an activity1 practice1 or measure described in subparagraph 7,c71 the ,secretary shall determine whether the activity1 practice1 or measure is established in accordance with appropriate standards and specifications4 7ii7 ,payment ,a payment under this paragraph shall be made for an activity1 practice1 or measure only1 and as soon as practicable1 after the ,secretary makes a positive determination under clause 7i7 with respect to that activity1 practice1 or measure4 7,e7 ,limitations ,a payment provided by the ,secretary to a landowner of eligible land under this paragraph may not exceed #ejj1jjj per easement or contract of the landowner1 as applicable4 7f7 ,protections and measures 7#a7 ,protections ,in the case of a landowner who enrolls eligible land in a forest reserve easement1 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 7b77#c71 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 forest reserve easement plan developed for the applicable eligible land1 the cost of the additional measures1 and the cost of any related permit1 shall be considered to be costs eligible for payments under subsection 7e77#b74 7g7 ,technical assistance 7#a7 ,in general ,the ,secretary shall provide to landowners of eligible land technical assistance to assist the landowners in-- 7,a7 developing a forest reserve easement plan under subsection 7e72 and 7,b7 complying with the terms and conditions of a forest reserve easement1 including the implementation of a forest reserve easement plan4 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 described in paragraph 7#a71 if the ,secretary determines that the contract or agreement will advance the purposes of the ,program4 7h7 ,administrative provisions 7#a7 ,delegation 7,a7 ,federal and ,state agencies ,the ,secretary may delegate any of the management1 monitoring1 or enforcement responsibilities of the ,secretary under this section to another ,federal agency or a ,state agency that has the appropriate authority1 expertise1 and resources necessary to carry out the delegated responsibilities4 7,b7 ,conservation organizations ,the ,secretary may delegate any of the management responsibilities of the ,secretary under this section to a nonprofit conservation organization1 if the ,secretary determines that the organization has the appropriate expertise and resources necessary to carry out the 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 ,ineligible land 7#a7 ,in general ,the ,secretary shall not use amounts made available to carry out the ,program for purposes of acquiring any easement on-- 7,a7 land owned by a ,federal agency1 other than land that is acreage owned by an ,indian ,tribe2 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 onsite or offsite 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 limit the eligibility of land for purposes of the ,program based on-- 7,a7 acreage size2 7,b7 the type of private forest landowner or the size of their ownership2 or 7,c7 the presence of severed mineral rights4 7b7 ,subordination1 exchange1 modification1 and termination 7#a7 ,subordination ,the ,secretary may subordinate any interest in eligible land1 or a 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 ,modification 7i7 ,authority ,the ,secretary may approve a modification of any interest in land1 or a portion of such an interest1 administered by the ,secretary1 directly or on behalf of the ,commodity ,credit ,corporation1 under the ,program if the ,secretary determines that the modification-- 7,i7 will support the viability and sustainability of working forests and the conservation values of the applicable easement2 7,,ii7 will result in equal or increased conservation values2 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 ,program1 including correcting errors and exercising reserved rights4 7ii7 ,limitation ,in modifying an interest in land1 or a portion of such an interest1 pursuant to this subparagraph1 the ,secretary may not increase any payment to an eligible entity1 except in the case of a modification that includes a change to an easement to add acreage4 7,b7 ,exchange 7i7 ,authority ,the ,secretary may approve an exchange of any interest in land1 or a portion of such an interest1 administered by the ,secretary1 directly or on behalf of the ,commodity ,credit ,corporation1 under the ,program if the ,secretary determines that-- 7,i7 no reasonable alternative to the exchange exists2 7,,ii7 the effect of the exchange on the interest in land is avoided or minimized to the maximum extent practicable2 and 7,,iii7 the exchange-- 7aa7 results in equal or increased conservation values2 7bb7 results in equal or increased economic value to the ,united ,states2 7cc7 is consistent with the original intent of the easement2 7dd7 is consistent with the purposes of the ,program2 and 7ee7 is in the public interest or furthers the practical administration of the ,program4 7ii7 ,limitation ,in exchanging an interest in land1 or a portion of such an interest1 pursuant to this subparagraph1 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 a portion of such an interest1 administered by the ,secretary1 directly or on behalf of the ,commodity ,credit ,corporation1 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 value of the interest in the land1 as determined by the ,secretary2 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 ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives4 7c7 ,land enrolled in other programs ,in accordance with section #c7;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 to be enrolled in the ,program4 7d7 ,payment limitations exceptions ,the attribution of payments limitation described in section #ajja7;e7 and the adjusted gross income limitation described in section #ajja;,d7b77#a7 shall not apply to any payment or other assistance under the ,program4 7e7 ,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 #abfg;,e4 ,funding ,there is authorized to be appropriated to carry out this subtitle #ajj1jjj1jjj for each of fiscal years #bjbe through #bjbi4 4 7b7 ,technical and conforming amendments 7#a7 ,section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking subtitles ,a through ,i3 and inserting subtitles ,a through ,j32 and 7,b7 by striking paragraph 7#ad7 and inserting the following3 7#ad7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 4 7#b7 ,title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja et seq47 is amended-- 7,a7 by striking ,indian tribes each place it appears and inserting ,indian ,tribes2 and 7,b7 by striking ,indian tribe each place it appears and inserting ,indian ,tribe4 7#c7 ,section #abca;,a7a77#c77;,c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;a7a77#c77;,c77 is amended by striking 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#d7 ,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#e7 ,section #abdd of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7 is amended-- 7,a7 in subsection 7b77#a77;,a77ii71 by striking 7as defined by the ,secretary72 and 7,b7 in subsection 7d71 by striking ,i4 and inserting ,j44 #c4 ,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-- 7,a7 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 ,act2 or 7,b7 any payment or technical assistance required to be made in connection with a contract1 agreement1 or easement described in subparagraph 7,a74 7#b7 ,funding 7,a7 ,use of prior year funds ,not withstanding 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 for any of fiscal years #bjai through #bjbd shall be made available to carry out contracts1 agreements1 or easements referred to in paragraph 7#a77;,a71 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 7as amended by section #b7 to continue to carry out contracts1 agreements1 or easements referred to in paragraph 7#a77;,a7 using the provisions of law 7including regulations7 in effect on the day before the date of enactment of this ,act that are applicable to those contracts1 agreements1 and easements4 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