16 U.S.C. § 6574: Financial assistance

Summary

The Secretary of Agriculture must pay landowners who join the Healthy Forests Reserve Program. For a permanent easement, the owner gets between 75% and 100% of two things: the loss in fair market value because of the easement, and either the actual cost or the average cost of approved conservation work done while the easement applies. For a 30-year easement, the owner can get up to 75% of the loss in fair market value and up to 75% of the conservation costs (actual or average). For a 10-year cost‑share agreement, the owner can get up to 50% of the conservation costs (actual or average). The Secretary may also use non‑Federal money to pay these amounts.

Title 16, §6574

Conservation, Source: USLM XML via OLRC

(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) 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)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)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.

(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)75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and

(2)75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.

(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)fifty percent of the actual costs of the approved conservation practices; or

(2)fifty percent of the average cost of approved practices.

(d)Acceptance of contributions

The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.

Notes & Related Subsidiaries

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 AmendmentAmendment 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.

§6574 Financial Assistance

Summary

Title 16, §6574

Notes & Related Subsidiaries

Editorial Notes

Amendments

Amendments

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata