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Title 16 — Conservation

Chapter 84 — Healthy Forest Restoration

§ 6574. Financial assistance

Statutory text

(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)

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.

Footnotes

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

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. Pub. L. 108–148 title V § 504 · 117 Stat. 1887

    Enacted · 16 U.S.C. § 6574

    Pub. L. 108–148, title V, § 504, Dec. 3, 2003, 117 Stat. 1913

    Source evidence

    Code source credit
    Pub. L. 108–148, title V, § 504, Dec. 3, 2003, 117 Stat. 1913

    Enacted provision · exact public law section
    SEC. 504. FINANCIAL ASSISTANCE. (a) Easements of Not More Than 99 Years.— In the case of land enrolled in the healthy forests reserve program using an easement of not more than 99 years described in section 502(f)(1)(C), 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.

  2. Food, Conservation, and Energy Act of 2008

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

    1. Substituted · 16 U.S.C. § 6574(a)

      Pub. L. 110–246, § 8205(b), substituted “Permanent easements” for “Easements of not more than 99 years” in introductory provisions

    2. Substituted · 16 U.S.C. § 6574(a)

      Pub. L. 110–246, § 8205(b), substituted “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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Financial Assistance.— Section 504(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6574(a)) is amended by striking “(a) Easements of Not More Than 99 Years” and all that follows through “502(f)(1)(C)” and inserting the following: “(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 502(f)(1)(C)(ii))” .

    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 of 3 references resolved to an enrolled provision

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 , 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.

Credits

2003–2008 · 3 acts
  1. 2003Pub. L. 108–148, title V, § 504, , 117 Stat. 1913
  2. 2008Pub. L. 110–234, title VIII, § 8205(b), , 122 Stat. 1295
  3. 2008Pub. L. 110–246, § 4(a), title VIII, § 8205(b), , 122 Stat. 1664, 2057.
Show as published

(Pub. L. 108–148, title V, § 504, , 117 Stat. 1913; Pub. L. 110–234, title VIII, § 8205(b), , 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(b), , 122 Stat. 1664, 2057.)

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