[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3476 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 3476

  To amend the Food Security Act of 1985 to require the Secretary of 
Agriculture to establish the forest conservation easement program, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2025

  Mr. Kelly of Mississippi (for himself, Ms. Goodlander, Mr. Moore of 
     Alabama, Mr. Guest, Mr. Thompson of Mississippi, Ms. Dean of 
 Pennsylvania, and Mr. Tonko) introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To amend the Food Security Act of 1985 to require the Secretary of 
Agriculture to establish the forest conservation easement program, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Conservation Easement Program 
Act of 2025''.

SEC. 2. FOREST CONSERVATION EASEMENT PROGRAM.

    (a) In General.--Title XII of the Food Security Act of 1985 (16 
U.S.C. 3801 et seq.) is amended--
            (1) by redesignating subtitle I (16 U.S.C. 3871 et seq.) as 
        subtitle J; and
            (2) by inserting after subtitle H (16 U.S.C. 3865 et seq.) 
        the following:

           ``Subtitle I--Forest Conservation Easement Program

``SEC. 1267. ESTABLISHMENT AND PURPOSES.

    ``(a) 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 land.
    ``(b) Purposes.--The purposes of the program are--
            ``(1) 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 uses;
            ``(2) to protect and enhance forest ecosystem and landscape 
        functions and values;
            ``(3) to promote the restoration, protection, and 
        improvement of habitat of threatened and endangered species and 
        other at-risk species;
            ``(4) to maintain and enhance biodiversity;
            ``(5) to enhance carbon sequestration;
            ``(6) to protect and restore watersheds for water quality 
        and quantity improvements;
            ``(7) to prevent encroachment around military bases and 
        installations; and
            ``(8) to carry out the purposes and functions of the 
        healthy forests reserve program established under title V of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571 et 
        seq.), as in effect on the day before the date of enactment of 
        this section.

``SEC. 1267A. DEFINITIONS.

    ``In this subtitle:
            ``(1) Beginning forest landowner.--The term `beginning 
        forest landowner' means a person that--
                    ``(A)(i) has not previously owned forest land; or
                    ``(ii) has owned forest land for not more than 10 
                years; and
                    ``(B) meets such other criteria as the Secretary 
                may establish.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) an agency of State or local government or an 
                Indian Tribe (including a land resource council 
                established under State law); or
                    ``(B) an organization that is--
                            ``(i) organized for, and at all times since 
                        the formation of the organization has been 
                        operated principally for, 1 or more of the 
                        conservation purposes specified in clause (i), 
                        (ii), (iii), or (iv) of section 170(h)(4)(A) of 
                        the Internal Revenue Code of 1986;
                            ``(ii) an organization described in section 
                        501(c)(3) of that Code that is exempt from 
                        taxation under section 501(a) of that Code; or
                            ``(iii) described in--
                                    ``(I) paragraph (1) or (2) of 
                                section 509(a) of that Code; or
                                    ``(II) section 509(a)(3) of that 
                                Code and is controlled by an 
                                organization described in section 
                                509(a)(2) of that Code.
            ``(3) Eligible land.--The term `eligible land' means 
        private land (which shall include land owned by any 
        organization described in paragraph (2)(B) and land owned by 
        any other private entity, without any eligibility requirement 
        in addition to the eligibility requirements established by this 
        subtitle) or Tribal land--
                    ``(A) that is--
                            ``(i) forest land; or
                            ``(ii) being restored to forest land;
                    ``(B) in the case of a forest land easement--
                            ``(i) that is subject to a pending offer 
                        for purchase of a forest land easement from an 
                        eligible entity; and
                            ``(ii)(I) the enrollment of which would 
                        protect forest uses and related conservation 
                        values by conserving land; or
                            ``(II) the protection of which will further 
                        a State or local policy consistent with the 
                        purposes of the program; and
                    ``(C) in the case of a forest reserve easement, the 
                enrollment of which will maintain, restore, enhance, or 
                otherwise measurably--
                            ``(i) increase the likelihood of recovery 
                        of a species that is listed as endangered or 
                        threatened under section 4 of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1533); or
                            ``(ii) improve the well-being of a species 
                        that is--
                                    ``(I) not listed as endangered or 
                                threatened under that section; and
                                    ``(II)(aa) a candidate for that 
                                listing, a State-listed species, or a 
                                special concern species; or
                                    ``(bb) designated as a species of 
                                greatest conservation need by a State 
                                wildlife action plan.
            ``(4) Forest land easement.--The term `forest land 
        easement' means an easement or other interest in eligible land 
        that--
                    ``(A) is conveyed to an eligible entity for the 
                purpose of protecting natural resources and the forest 
                nature of the eligible land; and
                    ``(B) permits the landowner the right to continue 
                working forest production and related uses.
            ``(5) Forest reserve easement.--The term `forest reserve 
        easement' means an easement or other interest in eligible land 
        that--
                    ``(A) is conveyed to the Secretary for the purpose 
                of protecting natural resources and the forest nature 
                of the eligible land; and
                    ``(B) permits the landowner the right to continue 
                working forest production and related uses consistent 
                with the applicable forest reserve easement plan 
                developed under section 1267C(c)(1)(A).
            ``(6) Program.--The term `program' means the forest 
        conservation easement program established under this subtitle.
            ``(7) Socially disadvantaged forest landowner.--The term 
        `socially disadvantaged forest landowner' means a forest 
        landowner who is a member of a socially disadvantaged group (as 
        defined in section 2501(a) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
            ``(8) Veteran forest landowner.--The term `veteran forest 
        landowner' means a forest landowner who--
                    ``(A) has served in the Armed Forces (as defined in 
                section 101 of title 38, United States Code); and
                    ``(B)(i) has not previously owned forest land;
                    ``(ii) has owned forest land for not more than 10 
                years; or
                    ``(iii) is a veteran (as defined in that section) 
                who has first obtained status as a veteran (as so 
                defined) during the most recent 10-year period.

``SEC. 1267B. FOREST LAND EASEMENTS.

    ``(a) Availability of Assistance.--The Secretary shall facilitate 
and provide funding for--
            ``(1) the purchase by eligible entities of forest land 
        easements in eligible land;
            ``(2) the development of a voluntary forest management plan 
        under subsection (b)(4)(F); and
            ``(3) technical assistance to implement this section.
    ``(b) Cost-Share Assistance.--
            ``(1) 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 easements.
            ``(2) Scope of assistance available.--
                    ``(A) Federal share.--Except as provided in 
                subparagraph (C), an agreement described in paragraph 
                (4) shall provide for a Federal share of 50 percent of 
                the fair market value of the forest land easement.
                    ``(B) Determination of fair market value.--The fair 
                market value of a forest land easement shall be 
                determined by the Secretary using--
                            ``(i) the Uniform Standards of Professional 
                        Appraisal Practice;
                            ``(ii) an areawide market analysis or 
                        survey; or
                            ``(iii) another industry-approved method.
                    ``(C) Exceptions.--The Secretary may provide for a 
                Federal share of not to exceed 75 percent of the fair 
                market value of a forest land easement in the case of--
                            ``(i) forests of special environmental 
                        significance, as determined by the Secretary; 
                        or
                            ``(ii) eligible land owned by--
                                    ``(I) a beginning forest landowner;
                                    ``(II) a socially disadvantaged 
                                forest landowner;
                                    ``(III) a veteran forest landowner; 
                                or
                                    ``(IV) a limited resource forest 
                                landowner, as defined by the Secretary.
                    ``(D) Non-federal share.--
                            ``(i) In general.--Under an agreement 
                        described in paragraph (4), the eligible entity 
                        shall provide a share that covers the 
                        difference between--
                                    ``(I) the Federal share that is 
                                provided under this paragraph; and
                                    ``(II) the fair market value of the 
                                forest land easement.
                            ``(ii) Permissible forms.--The non-Federal 
                        share provided by an eligible entity under this 
                        subparagraph may comprise--
                                    ``(I) cash resources;
                                    ``(II) a charitable donation or 
                                qualified conservation contribution (as 
                                defined in section 170(h) of the 
                                Internal Revenue Code of 1986) from the 
                                private forest landowner from which the 
                                forest land easement will be purchased;
                                    ``(III) costs associated with 
                                securing a deed to the forest land 
                                easement, including the cost of 
                                appraisal, survey, inspection, and 
                                title; and
                                    ``(IV) other costs, as determined 
                                by the Secretary.
            ``(3) Evaluation and ranking of applications.--
                    ``(A) Criteria.--The Secretary shall establish 
                evaluation and ranking criteria to maximize the benefit 
                of Federal investment under the program.
                    ``(B) Priority.--In evaluating applications under 
                the program, the Secretary shall give priority to an 
                application for the purchase of a forest land easement 
                that, as determined by the Secretary--
                            ``(i) maintains the viability of working 
                        forest land; and
                            ``(ii) will, not later than the time of 
                        acquisition of the forest land easement, 
                        include a forest management plan developed for 
                        the eligible land, which may comprise--
                                    ``(I) a forest stewardship plan 
                                described in section 5(f) of the 
                                Cooperative Forestry Assistance Act of 
                                1978 (16 U.S.C. 2103a(f));
                                    ``(II) another plan approved by the 
                                applicable State forester or State 
                                forestry agency;
                                    ``(III) a plan developed under a 
                                third-party certification system; or
                                    ``(IV) another plan determined 
                                appropriate by the Secretary.
                    ``(C) Considerations.--In establishing the criteria 
                under subparagraph (A), the Secretary shall emphasize 
                support for--
                            ``(i) protecting forest uses and related 
                        conservation values of the eligible land;
                            ``(ii) reducing fragmentation; and
                            ``(iii) maximizing the areas protected from 
                        conversion to non-forest uses.
                    ``(D) Accounting for geographic differences.--The 
                Secretary may adjust the criteria established under 
                subparagraph (A) to account for geographic differences, 
                if the adjustments--
                            ``(i) meet the purposes of the program; and
                            ``(ii) continue to maximize the benefit of 
                        the Federal investment under the program.
                    ``(E) Bidding down.--If the Secretary determines 
                that 2 or more applications for cost-share assistance 
                are comparable in achieving the purpose of the program, 
                the Secretary shall not assign a higher priority to any 
                of those applications solely on the basis of lesser 
                cost to the program.
            ``(4) Agreements with eligible entities.--
                    ``(A) 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 section.
                    ``(B) Length of agreements.--
                            ``(i) In general.--An agreement under 
                        subparagraph (A) shall be for a term that is--
                                    ``(I) in the case of an eligible 
                                entity certified under paragraph (5), 
                                not less than 5 years; and
                                    ``(II) in the case of any other 
                                eligible entity, not less than 3, but 
                                not more than 5, years, unless the 
                                Secretary determines that an extension 
                                of time is justified.
                            ``(ii) Expediting closings.--The Secretary 
                        is encouraged to expedite closing on forest 
                        land easements, as practicable.
                    ``(C) 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--
                            ``(i) are consistent with--
                                    ``(I) the purposes of the program; 
                                and
                                    ``(II) the forestry activities to 
                                be conducted on the eligible land;
                            ``(ii) permit effective enforcement of the 
                        conservation purposes of the forest land 
                        easements;
                            ``(iii) include a right of enforcement for 
                        the Secretary that--
                                    ``(I) may be used only if the terms 
                                and conditions of the forest land 
                                easement are not enforced by the 
                                eligible entity; and
                                    ``(II) does not extend to a right 
                                of inspection unless--
                                            ``(aa)(AA) the holder of 
                                        the forest land easement fails 
                                        to provide monitoring reports 
                                        in a timely manner; or
                                            ``(BB) the Secretary has a 
                                        reasonable and articulable 
                                        belief that the terms and 
                                        conditions of the forest land 
                                        easement have been violated; 
                                        and
                                            ``(bb) prior to the 
                                        inspection, the Secretary 
                                        notifies the eligible entity 
                                        an