16 U.S.C. § 6572 — Eligibility and enrollment of lands in program

(a) In general. Coordinating with the Secretaries of the Interior and Commerce, the Secretary of Agriculture must describe and define forest ecosystems eligible for the healthy forests reserve program. (b) Eligibility. Land qualifies only if it is private forest land or private land being restored to forest land, and enrollment will maintain, restore, improve, or otherwise measurably (1) increase the likelihood that a species listed as endangered or threatened under section 1533 will recover; or (2) improve the well-being of a species that (A) is not listed as endangered or threatened under that section and is a candidate for listing, a State-listed species, or a special-concern species; or (B) a State wildlife action plan identifies as a species of greatest conservation need. (c) Other considerations. For qualifying land, the Secretary must give extra consideration to enrollment that will (1) improve biological diversity; (2) conserve forest habitat for species described in subsection (b); or (3) increase carbon sequestration. (d) Enrollment by willing owners. The Secretary may enroll land only with the landowner’s consent. (e) Methods of enrollment. (1) Land may be enrolled through (A) a 10-year cost-share agreement; (B) a 30-year easement; or (C) a permanent easement, or, in a State that sets a maximum easement duration, an easement lasting the maximum time allowed by State law. (2) Acreage owned by Indian tribes. (A) “Acreage owned by Indian tribes” includes (i) land held in trust by the United States for tribes or individual Indians; (ii) land titled to tribes or individual Indians and subject to Federal restrictions against alienation or encumbrance; (iii) land subject to rights of use, occupancy, and benefit of certain tribes; (iv) land held in fee title by a tribe; (v) land owned by a native corporation formed under 25 U.S.C. § 5124 or 43 U.S.C. § 1607; or (vi) a combination of one or more of those types. (B) For acreage owned by an Indian tribe^*, the Secretary may enroll it using (i) a 30-year contract whose value equals the value of a 30-year easement; (ii) a 10-year cost-share agreement; (iii) a permanent easement; or (iv) any combination of those options. (f) Enrollment priority. (1) Species. The Secretary must prioritize land providing the greatest conservation benefit first to (A) species listed as endangered or threatened under section 1533; and second to (B) species that are not listed but (i) are candidates for listing, State-listed species, or special-concern species, or (ii) a State wildlife action plan identifies as a species of greatest conservation need. (2) Cost-effectiveness. The Secretary must also consider how cost-effective each agreement or easement and its restoration plans are, to maximize environmental benefits for each dollar spent. (g) Easement modification or termination. (1) The Secretary may modify or end an easement or other land interest administered under this title only if (A) the owner agrees; and (B) the Secretary decides that the action (i) addresses a compelling public need with no practicable alternative and (ii) is in the public interest. (2) Consideration and conditions. (A) For ending an easement or other interest, the Secretary must make a compensatory arrangement that the Secretary considers appropriate. (B) For modifying one, (i) the owner must, as a condition, enter an appropriate compensatory arrangement to pay the modification costs; and (ii) the Secretary must ensure that (I) the modification does not harm the forest ecosystem functions and values for which the interest was acquired; (II) any harm is offset by enrolling and restoring other land with greater forest ecosystem functions and values at no extra cost to the Federal Government; and (III) the modification gives the United States equal or greater environmental and economic values.