§ 6572. Eligibility and enrollment of lands in program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   Pub. L. 108–148 title V § 502 · 117 Stat. 1887

   Enacted · 16 U.S.C. § 6572

   Pub. L. 108–148, title V, § 502, Dec. 3, 2003, 117 Stat. 1911

   Source evidence

   Code source credit
   Pub. L. 108–148, title V, § 502, Dec. 3, 2003, 117 Stat. 1911

   Enacted provision · exact public law section
   SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN PROGRAM. (a) In General.— 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. (b) Eligibility.— To be eligible for enrollment in the healthy forests reserve program, land shall be— (1) private land the enrollment of which will restore, enhance, or otherwise measurably increase the likelihood of recovery of a species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and (2) private land the enrollment of which will restore, enhance, or otherwise measurably improve the well-being of species that— (A) are not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); but (B) are candidates for such listing, State-listed species, or special concern species. (c) Other Considerations.— In enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will— (1) improve biological diversity; and (2) increase carbon sequestration. (d) Enrollment by Willing Owners.— The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land. (e) Maximum Enrollment.— The total number of acres enrolled in the healthy forests reserve program shall not exceed 2,000,000 acres. (f) Methods of Enrollment.— (1) In general.— Land may be enrolled in the healthy forests reserve program in accordance with— (A) a 10-year cost-share agreement; (B) a 30-year easement; or (C) an easement of not more than 99 years. (2) Proportion.— The extent to which each enrollment method is used shall be based on the approximate proportion of owner interest expressed in that method in comparison to the other methods. (g) Enrollment Priority.— (1) Species.— The Secretary of Agriculture shall give priority to the enrollment of land that provides the greatest conservation benefit to— (A) primarily, species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and (B) secondarily, species that— (i) are not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); but (ii) are candidates for such listing, State-listed species, or special concern species. (2) Cost-effectiveness.— 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.

2. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 8205(a) · 122 Stat. 1651

   1. Added · 16 U.S.C. § 6572(e)(g)

      Pub. L. 110–246, § 8205(a), added subsec. (e)

   2. Redesignated · 16 U.S.C. § 6572(e)(g)

      Pub. L. 110–246, § 8205(a), redesignated subsec. (g) as (f)

   3. Struck · 16 U.S.C. § 6572(e)(g)

      Pub. L. 110–246, § 8205(a), struck out former subsecs. (e) and (f) which related to maximum number of enrolled acres and methods of enrollment

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 110–246, § 8205(a), added subsec. (e), redesignated subsec. (g) as (f), and struck out former subsecs. (e) and (f) which related to maximum number of enrolled acres and methods of enrollment.

   Enacted provision · exact public law section
   (a) Enrollment.— Section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is amended— (1) by striking subsections (e) and (f); (2) by redesignating subsection (g) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: “(e) Methods of Enrollment.— “(1) Authorized methods.— Land may be enrolled in the healthy forests reserve program in accordance with— “(A) a 10-year cost-share agreement; “(B) a 30-year easement; or “(C) (i) a permanent easement; or “(ii) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law. “(2) Limitation on use of cost-share agreements and easements.— “(A) In general.— Of the total amount of funds expended under the program for a fiscal year to acquire easements and enter into cost-share agreements described in paragraph (1)— “(i) not more than 40 percent shall be used for cost-share agreements described in paragraph (1)(A); and “(ii) not more than 60 percent shall be used for easements described in subparagraphs (B) and (C) of paragraph (1). “(B) Repooling.— The Secretary may use any funds allocated under clause (i) or (ii) of subparagraph (A) that are not obligated by April 1 of the fiscal year for which the funds are made available to carry out a different method of enrollment during that fiscal year. “(3) Acreage owned by indian tribes.— In the case of acreage owned by an Indian tribe, the Secretary may enroll acreage into the healthy forests reserve program through the use of— “(A) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement); “(B) a 10-year cost-share agreement; or “(C) any combination of the options described in subparagraphs (A) and (B).” .

   Effective date note
   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.

3. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 8203(a)(2) · 128 Stat. 649

   1. Added · 16 U.S.C. § 6572(e)(3)

      Pub. L. 113–79, § 8203(a)(2), (3), added subpar. (A)

   2. Amended · 16 U.S.C. § 6572(e)(3)

      Pub. L. 113–79, § 8203(a)(2), (3), designated existing provisions as subpar. (B)

   3. Inserted · 16 U.S.C. § 6572(e)(3)

      Pub. L. 113–79, § 8203(a)(2), (3), inserted heading

   4. Redesignated · 16 U.S.C. § 6572(e)(3)

      Pub. L. 113–79, § 8203(a)(2), (3), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (B) and realigned margins

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 113–79, § 8203(a)(2), (3), added subpar. (A), designated existing provisions as subpar. (B) and inserted heading, and redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (B) and realigned margins.

   Enacted provision · exact public law section
   (2) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; and

4. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 8203(a)(1) · 128 Stat. 649

   Substituted · 16 U.S.C. § 6572(e)(3)(C)

   Pub. L. 113–79, § 8203(a)(1), substituted “clauses (i) and (ii)” for “subparagraphs (A) and (B)”

   Source evidence

   Code amendment note
   Subsec. (e)(3)(C). Pub. L. 113–79, § 8203(a)(1), substituted “clauses (i) and (ii)” for “subparagraphs (A) and (B)”.

   Enacted provision · exact public law section
   (1) in subparagraph (C), by striking “subparagraphs (A) and (B)” and inserting “clauses (i) and (ii)”;

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8407(a)(2) · 132 Stat. 4490

   Amended · 16 U.S.C. § 6572(b)

   Pub. L. 115–334, § 8407(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible for enrollment in the healthy forests reserve program, land shall be—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–334, § 8407(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible for enrollment in the healthy forests reserve program, land shall be—

   “(1) private land the enrollment of which will restore, enhance, or otherwise measurably increase the likelihood of recovery of a species listed as endangered or threatened under section 1533 of this title; and “(2) private land the enrollment of which will restore, enhance, or otherwise measurably improve the well-being of species that— “(A) are not listed as endangered or threatened under section 1533 of this title; but “(B) are candidates for such listing, State-listed species, or special concern species.”

   Enacted provision · exact public law section
   (2) Eligibility for enrollment.— Subsection (b) of section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is amended to read as follows: “(b) Eligibility.— To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably— “(1) 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 “(2) improve the well-being of a species that— “(A) is— “(i) not listed as endangered or threatened under such section; and “(ii) a candidate for such listing, a State-listed species, or a special concern species; or “(B) is deemed a species of greatest conservation need by a State wildlife action plan.” .

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8407(a)(3) · 132 Stat. 4490

   1. Added · 16 U.S.C. § 6572(c)(2); 16 U.S.C. § 6572(c)(3)

      Pub. L. 115–334, § 8407(a)(3), added par. (2)

   2. Redesignated · 16 U.S.C. § 6572(c)(2); 16 U.S.C. § 6572(c)(3)

      Pub. L. 115–334, § 8407(a)(3), redesignated former par. (2) as (3)

   Source evidence

   Code amendment note
   Subsec. (c)(2), (3). Pub. L. 115–334, § 8407(a)(3), added par. (2) and redesignated former par. (2) as (3).

   Enacted provision · exact public law section
   (3) Other enrollment considerations.— Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended— (A) by striking “and” at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: “(2) conserve forest land that provides habitat for species described in subsection (b); and” .

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8407(a)(4) · 132 Stat. 4490

   1. Redesignated · 16 U.S.C. § 6572(e)(2)

      Pub. L. 115–334, § 8407(a)(4), redesignated par. (3) as (2)

   2. Struck · 16 U.S.C. § 6572(e)(2)

      Pub. L. 115–334, § 8407(a)(4), struck out former par. (2) which related to limitation on use of cost-share agreements and easements

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 115–334, § 8407(a)(4), redesignated par. (3) as (2) and struck out former par. (2) which related to limitation on use of cost-share agreements and easements.

   Enacted provision · exact public law section
   (4) Elimination of limitation on use of easements.— Section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).

8. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8407(a)(5) · 132 Stat. 4490

   1. Added · 16 U.S.C. § 6572(e)(2)(B)(ii)(iv)

      Pub. L. 115–334, § 8407(a)(5), added cls. (ii) to (iv)

   2. Struck · 16 U.S.C. § 6572(e)(2)(B)(ii)(iv)

      Pub. L. 115–334, § 8407(a)(5), struck out former cls. (ii) and (iii) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (e)(2)(B)(ii) to (iv). Pub. L. 115–334, § 8407(a)(5), added cls. (ii) to (iv) and struck out former cls. (ii) and (iii) which read as follows:

   “(ii) a 10-year cost-share agreement; or “(iii) any combination of the options described in clauses (i) and (ii).”

   Enacted provision · exact public law section
   (5) Enrollment of acreage owned by an indian tribe.— Paragraph (2) of section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) (as redesignated by paragraph (4)) is amended, in subparagraph (B), by striking clauses (ii) and (iii) and inserting the following new clauses: “(ii) a 10-year cost-share agreement; “(iii) a permanent easement; or “(iv) any combination of the options described in clauses (i) through (iii).” .

9. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8407(a)(4) · 132 Stat. 4490

   Redesignated · 16 U.S.C. § 6572(e)(3)

   Pub. L. 115–334, § 8407(a)(4), redesignated par. (3) as (2)

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 115–334, § 8407(a)(4), redesignated par. (3) as (2).

   Enacted provision · exact public law section
   (4) Elimination of limitation on use of easements.— Section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).

10. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 8407(a)(6) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 6572(f)(1)(B)(ii)

       Pub. L. 115–334, § 8407(a)(6), added cl. (ii)

    2. Struck · 16 U.S.C. § 6572(f)(1)(B)(ii)

       Pub. L. 115–334, § 8407(a)(6), struck out former cl. (ii) which read as follows: “are candidates for such listing, State-listed species, or special concern species.”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B)(ii). Pub. L. 115–334, § 8407(a)(6), added cl. (ii) and struck out former cl. (ii) which read as follows: “are candidates for such listing, State-listed species, or special concern species.”

    Enacted provision · exact public law section
    (6) Enrollment priority.— Section 502(f)(1)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)(B)) is amended by striking clause (ii) and inserting the following: “(ii) (I) are candidates for such listing, State-listed species, or special concern species; or “(II) are deemed a species of greatest conservation need under a State wildlife action plan.” .

11. 2022

    Energy and Water Development and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 div. HH title III § 401 · 136 Stat. 4459

    Added · 16 U.S.C. § 6572(g)

    Pub. L. 117–328 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 117–328 added subsec. (g).

    Enacted provision · exact public law section
    Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies.

20 of 20 references resolved to an enrolled provision