Healthy Forests Reserve Program (HFRP)

The purpose of the Healthy Forests Reserve Program (HFRP) is to assist landowners, on a voluntary basis, in restoring, enhancing and protecting forestland resources on private lands through easements, 30-year contracts and 10-year cost-share agreemen

NRCS, in coordination with the United States Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS), will determine whether land is eligible for enrollment and whether once found eligible, the lands may be included in the program based on the likelihood of successful restoration, enhancement and protection of forest ecosystem functions and values when considering the cost of acquiring the easement, 30-year contract, or 10-year cost share agreement and the restoration, protection, enhancement, maintenance, and management costs. Land will be considered eligible for enrollment in the HFRP only if NRCS determines that:(i) Such private land will contribute to the restoration or enhancement of the habitat or otherwise measurably increase the likelihood of recovery for a selected species listed under section 4 of the ESA; and(ii) Such private land will contribute to the restoration or enhancement of the habitat or otherwise measurably improve the well-being of a selected species not listed under Section 4 of the ESA but is a candidate for such listing, or the selected species is a State-listed species, or is a species identified by the Chief for special consideration for funding. NRCS may also enroll land adjacent to eligible land if the enrollment of such adjacent land would contribute significantly to the practical administration of the easement area, but not more than it determines is necessary for such contribution. To be enrolled in the program, eligible land must be configured in a size and with boundaries that allow for the efficient management of the area for easement purposes and otherwise promote and enhance program objectives.

To be eligible to enroll an easement in the HFRP, an individual or entity must (1) Be the landowner of eligible land for which enrollment is sought; (2) Agree to provide such information to NRCS, as the agency deems necessary or desirable, to assist in its determination of eligibility for program benefits and for other program implementation purposes. In the case of acreage owned by an Indian tribe, NRCS may enroll acreage into the HFRP which is privately owned by either the tribe or an individual.

Under the HFRP, NRCS will purchase conservation easements from, or enter into 30-year contracts or 10-year cost-share agreements with, eligible landowners who voluntarily cooperate in the restoration and protection of forestlands and associated lands. To participate in HFRP, a landowner will agree to the implementation of a HFRP restoration plan, the effect of which is to restore, protect, enhance, maintain, and manage the habitat conditions necessary to increase the likelihood of recovery of listed species under the Endangered Species Act (ESA), or measurably improve the well-being of species that are not listed as endangered or threatened under the ESA but are candidates for such listing, State-listed species, or species identified by the Chief for special consideration for funding. NRCS may provide cost-share assistance for the activities that promote the restoration, protection, enhancement, maintenance and management of forest ecosystem functions and values. Specific restoration, protection, enhancement, maintenance and management activities may be undertaken by the landowner or other NRCS designee.

HFRP restoration agreements and easements are designed for working forest lands. HFRP is a voluntary program to assist landowners in restoring, enhancing and maintaining forest ecosystems on private lands through easements, contracts, and restoration agreements. Easements, contracts and restoration agreements shall be maintained in accordance with HFRP goals and objectives for the duration of the restoration agreement and easement including the restoration, protection, enhancement, maintenance, and management of habitat for listed species within a forest ecosystem's functions and values.

Land may be enrolled in HFRP in accordance with a 10-year restoration cost-share agreement, a 30-year easement, a 30-year contract, or a permanent easement or the maximum duration permitted by State law. 30-year contracts are only available to acreage owned by Indian Tribes. Enrollment into an easement or 30-year contract may take from 18-24 months to complete the process. Time required to enroll in a restoration agreement is typically significantly less. Financial assistance for easement acquisition or contract enrollment is provided by NRCS at the time of acquisition. For easements, contracts, and restoration agreements, if restoration activities are required, financial assistance for such activities is provided when required practices are established and certified by NRCS. Technical assistance is available for the length of the easement or restoration agreement.

Any owner meeting eligibility criteria may submit an application for participation. Applications are accepted in local USDA Service Center Offices during announced enrollment sign-up periods. USDA will establish criteria to evaluate and rank applications for easement and restoration agreement enrollment, criteria will be detailed in the sign-up notice. NRCS will identify through a sign-up notice process the geographic scope and ranking priorities for that particular sign-up.

Applications are submitted to local NRCS field office staff for ranking and prioritization. Selected applications will be reviewed by NRCS staff to determine all eligibility criteria have been met and then be entered into appropriate NRCS systems tools for funding consideration.

Based on the specific criteria set forth in a sign-up announcement and the applications for participation, NRCS, in coordination FWS and NMFS, may consider the following factors to rank properties: (1) Estimated conservation benefit to habitat required by threatened or endangered species listed under section 4 of the ESA; (2) Estimated conservation benefit to habitat required by species not listed as endangered or threatened under section 4 of the ESA but that are candidates for such listing, State-listed species, or species identified by the Chief for special consideration for funding; (3) Estimated improvement of biological diversity, if enrolled; (4) Potential for increased capability of carbon sequestration, if enrolled; (5) Availability of contribution of non-Federal funds; (6) Significance of forest ecosystem functions and values; (7) Estimated cost-effectiveness of the particular restoration cost-share agreement, contract, or easement, and associated HFRP restoration plan; and (8) Other factors identified in a HFRP sign-up notice; (a) NRCS may place higher priority on certain forest ecosystems based regions of the State or multi-State area where restoration of forestland may better achieve NRCS programmatic and sign-up goals and objectives. (b) Notwithstanding any limitation of this part, NRCS may enroll eligible lands at any time in order to encompass project areas subject to multiple land ownership or otherwise to achieve program objectives. Similarly, NRCS may, at any time, exclude otherwise eligible lands if the participation of the adjacent landowners is essential to the successful restoration of the forest ecosystem and those adjacent landowners are unwilling to participate. (c) If available funds are insufficient to accept the highest ranked application, and the applicant is not interested in reducing the acres offered to match available funding, NRCS may select a lower ranked application that can be fully funded. In cases where HFRP funds are not sufficient to cover the costs of an application selected for funding, the applicant may lower the cost of the application by changing the duration of the easement or agreement or reducing the acreage offered, unless these changes result in a reduction of the application ranking score below that of the score of the next available application on the ranking list.

Offers of enrollment. Based on the priority ranking, NRCS will notify an affected landowner of tentative acceptance into the program. This notice of tentative acceptance into the program does not bind NRCS or the United States to enroll the proposed project in HFRP, nor does it bind the landowner to convey an easement, or to contract or agree to HFRP activities. The letter notifies the landowner that NRCS intends to continue the enrollment process on their land unless otherwise notified by the landowner. Acceptance of offer of enrollment. An agreement to purchase or a restoration cost-share agreement or contract will be presented by NRCS to the landowner which will describe the easement, agreement, or contract area; the easement, agreement, or contract terms and conditions; and other terms and conditions for participation that may be required by NRCS. Effect of the acceptance of the offer. After the agreement to purchase or restoration cost-share agreement or contract is executed by NRCS and the landowner, the land will be considered enrolled in the HFRP. For easements, NRCS will proceed with various easement acquisition activities, which may include conducting a survey of the easement area, securing necessary subordination agreements, procuring title insurance, and conducting other activities necessary to record the easement or implement the HFRP, as appropriate for the enrollment option being considered. For restoration cost-share agreements and contracts, the landowner will proceed to implement the restoration plan with technical assistance and cost-share from NRCS. Withdrawal of offers. Prior to execution of an agreement to purchase, a restoration cost-share agreement, or contract between the United States and the landowner, NRCS may withdraw the land from enrollment at any time due to lack of availability of funds, inability to clear title, or other reasons. An agreement to purchase will be void, and the offer withdrawn, if not executed by the landowner within the time specified.

Within a Federal fiscal year (October 1 September 30) based on funding availability.

If not selected for funding, the land offered may be re-offered in a future sign-up unless the land or landowner is ineligible

A person participating in the HFRP may obtain a review of any administrative determination concerning eligibility for participation utilizing the administrative appeal regulations provided in 7 CFR Part 614.