16 U.S.C. § 6574 — Financial assistance
submitted 23 years ago by Pub. L. 108-148 to r/title-16-CONSERVATION · 302 words · no verdicts yet
The Secretary of Agriculture must pay owners for land enrolled through a permanent easement, within stated percentages of land value and approved conservation costs. For 30-year easements and 10-year cost-share agreements, the section sets lower maximum payments, and it permits non-Federal contributions.
(a) Permanent easements. For land enrolled through a permanent easement, or an easement described in section 6572(f)(1)(C)(ii), the Secretary of Agriculture must pay the owner between 75% and 100%, as the Secretary determines, of (1) the enrolled land’s fair market value during the easement period minus the fair market value of the land burdened by the easement; and (2) the actual cost of approved conservation practices or the average cost of approved practices carried out on the land during the easement period. (b) Thirty-year easement. For land enrolled through a 30-year easement, the Secretary must pay no more than the amount the Secretary determines equal to (1) 75% of the land’s fair market value minus the fair market value of the land burdened by the easement; and (2) 75% of the actual cost of approved conservation practices or 75% of their average cost. (c) Ten-year agreement. For land enrolled through a 10-year cost-share agreement, the Secretary must pay no more than the amount the Secretary determines equal to (1) 50% of the actual cost of approved conservation practices; or (2) 50% of their average cost. (d) Acceptance of contributions. The Secretary may accept and use non-Federal contributions to make payments under this section.
In the case of land enrolled in the healthy forests reserve program using a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) 1 of this title), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)—
the fair market value of the enrolled land during the period the land is subject to the easement, less the fair market value of the land encumbered by the easement; and
the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period in which the land is subject to the easement.
In the case of land enrolled in the healthy forests reserve program using a 30-year easement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)—
75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and
75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.
In the case of land enrolled in the healthy forests reserve program using a 10-year cost-share agreement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)—
fifty percent of the actual costs of the approved conservation practices; or
fifty percent of the average cost of approved practices.
The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.
Source credit: (Pub. L. 108–148, title V, § 504, Dec. 3, 2003, 117 Stat. 1913; Pub. L. 110–234, title VIII, § 8205(b), May 22, 2008, 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(b), June 18, 2008, 122 Stat. 1664, 2057.)
- 2003Enacted · Pub. L. 108-148 · 117 Stat. 1913
- 2008Amended · Pub. L. 110-234 · 122 Stat. 1295
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2057
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-148 on 2003-12-03.
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