Pub. L. 110-234, tit. VIII, subtit. C, sec. 8205
HEALTHY FORESTS RESERVE PROGRAM.
SEC. 8205. HEALTHY FORESTS RESERVE PROGRAM.(a) Enrollment.—Section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is amended—122 STAT. 1295(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).”.(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))”.(c) Funding.—Section 508 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578) is amended to read as follows:“SEC. 508. FUNDING.“(a) In General.—Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 to carry out this title.“(b) Duration of Availability.—The funds made available under subsection (a) shall remain available until expended.” .122 STAT. 1296