Forest Conservation Easement Program Act of 2025
The Forest Conservation Easement Program Act of 2025 would create a new Forest Conservation Easement Program inside the Farm Security Act of 1985 (Title XII) to protect forests on private lands and certain tribal lands. The Secretary of Agriculture would establish two types of protections: forest land easements and forest reserve easements. Through these easements, eligible entities (such as state or local government agencies, Indian Tribes, or qualified conservation organizations) could acquire legal interests in land to safeguard forest resources, while allowing ongoing, regulated forest management and working-forest uses. The program emphasizes protecting working forests, reducing fragmentation, restoring habitat for threatened or at-risk species, and aligning with broader conservation and healthy-forests goals. Financial support would cover a portion of the easement value and related planning/entry costs, with specific rules on cost-sharing, plans, and enforcement. The bill also adds protections and oversight mechanisms, including possible safe-harbor considerations under the Endangered Species Act for landowners whose activities result in net conservation benefits. In short, the bill would enable federal funding and partnerships to purchase forest easements on private and tribal lands to keep forests as forests, support sustainable forestry, and improve habitat and biodiversity, while setting standards for eligibility, payments, planning, and long-term stewardship.
Key Points
- 1Establishes the Forest Conservation Easement Program within title XII of the Food Security Act of 1985 to conserve eligible forest land through two types of easements: forest land easements and forest reserve easements.
- 2Eligible entities include state/local government agencies, Indian Tribes, and certain conservation organizations; eligible land is private forest land (or land being restored to forest) and can include lands owned by Indian Tribes.
- 3Financial structure: the federal government generally covers 50% of the fair market value of a forest land easement, with the possibility of up to 75% in certain cases (e.g., land with special environmental significance or owned by a socially disadvantaged forest landowner). The non-federal share can be cash, donations, or costs associated with securing the easement.
- 4Forest land easements allow continued working-forest activities under a forest management plan; forest reserve easements require a forest reserve easement plan and may include 30-year or longer-term arrangements, with a cap on payments per easement/contract.
- 5Priority and planning: applications for forest land easements are ranked to maximize working-forest protection, fragmentation reduction, and nonforest-use conversion avoidance; forest land parcels typically must have an associated forest management plan.
- 6Habitat and species emphasis: forest reserve easements prioritize habitat restoration and protection for endangered/threatened species (and other high-conservation-need species), with additional factors like biodiversity and carbon sequestration considered.
- 7Protections and enforcement: the program contemplates safe-harbor or similar protections under the Endangered Species Act for landowners when activities result in net conservation benefits; the Secretary can set terms to enforce easements and monitor compliance.
- 8Administrative and eligibility rules: the program sets standards for enrollment, costs, management plans, and allowable terms; it prohibits using funds to acquire easements on certain lands (e.g., land owned by other federal agencies or certain state lands) and includes provisions for subordination, modification, exchange, or termination of easements under specific conditions.
- 9Oversight and coordination: the Secretary may delegate management tasks to other agencies or conservation groups and must provide notice and seek consent from landowners and eligible entities for major changes like terminations.