Pub. L. 117-328, div. HH, tit. III, sec. 401
MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE HEALTHY FORESTS RESERVE PROGRAM.
SEC. 401. MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE HEALTHY FORESTS RESERVE PROGRAM. Section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is amended by adding at the end the following:136 STAT. 5985“(g) Easement Modification or Termination.—“(1) In general.—The Secretary may modify or terminate an easement or other interest in land administered by the Secretary under this title if—“(A) the owner of the land agrees to the modification or termination; and “(B) the Secretary determines that the modification or termination—“(i) will address a compelling public need for which there is no practicable alternative; and “(ii) is in the public interest. “(2) Consideration; conditions.—“(A) Termination.—As consideration for termination of an easement or other interest in land under this subsection, the Secretary shall enter into a compensatory arrangement, as the Secretary determines to be appropriate. “(B) Modification.—In the case of a modification of an easement or other interest in land under this subsection—“(i) as a condition of the modification, the owner of the land shall enter into a compensatory arrangement, as the Secretary determines to be appropriate, to incur the costs of modification; and “(ii) the Secretary shall ensure that—“(I) the modification will not adversely affect the forest ecosystem functions and values for which the easement or other interest in land was acquired; “(II) any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no additional cost to the Federal Government; and “(III) the modification will result in equal or greater environmental and economic values to the United States.” .