Federal · Title 16 — Conservation

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

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The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program. increase the likelihood of recovery of a species that is listed as endangered or threatened under section 1533 of this title ; or not listed as endangered or threatened under such section; and a candidate for such listing, a State-listed species, or a special concern species; or is deemed a species of greatest conservation need by a State wildlife action plan. improve biological diversity; conserve forest land that provides habitat for species described in subsection (b); and increase carbon sequestration. The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land. a 10-year cost-share agreement; a 30-year easement; or a permanent easement; or in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law. land that is held in trust by the United States for Indian tribes or individual Indians; land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance; land that is subject to rights of use, occupancy, and benefit of certain Indian tribes; land that is held in fee title by an Indian tribe; or land that is owned by a native corporation formed under section 5124 of title 25 or section 1607 of title 43 ; or a combination of 1 or more types of land described in clauses (i) through (v). a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement); a 10-year cost-share agreement; a permanent easement; or any combination of the options described in clauses (i) through (iii). primarily, species listed as endangered or threatened under section 1533 of this title ; and are not listed as endangered or threatened under section 1533 of this title ; but are candidates for such listing, State-listed species, or special concern species; or are deemed a species of greatest conservation need under a State wildlife action plan. The Secretary of Agriculture shall also consider the cost-effectiveness of each agreement or easement, and associated restoration plans, so as to maximize the environmental benefits per dollar expended. the owner of the land agrees to the modification or termination; and will address a compelling public need for which there is no practicable alternative; and is in the public interest. As consideration for termination of an easement or other interest in land under this subsection, the Secretary shall enter into a compensatory arrangement, as the Secretary determines to be appropriate. as a condition of the modification, the owner of the land shall enter into a compensatory arrangement, as the Secretary determines to be appropriate, to incur the costs of modification; and the modification will not adversely affect the forest ecosystem functions and values for which the easement or other interest in land was acquired; any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no additional cost to the Federal Government; and the modification will result in equal or greater environmental and economic values to the United States.

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