1. (a) Permanent easements 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)—

   1. (1) 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
   2. (2) 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.

2. (b) Thirty-year 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)—

   1. (1) 75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and
   2. (2) 75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.

3. (c) Ten-year agreement 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)—

   1. (1) fifty percent of the actual costs of the approved conservation practices; or
   2. (2) fifty percent of the average cost of approved practices.
4. (d) Acceptance of contributions The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.

(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.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (a). Pub. L. 110–246, § 8205(b), substituted “Permanent easements” for “Easements of not more than 99 years” in heading and “a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) of this title)” for “an easement of not more than 99 years described in section 6572(f)(1)(C) of this title” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

¹ So in original. Probably should be “6572(e)(1)(C)(ii)”.