[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR625.10]

[Page 450-451]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 625_HEALTHY FORESTS RESERVE PROGRAM--Table of Contents
 
Sec. 625.10  Cost-share payments.

    (a) NRCS may share the cost with landowners of restoring land 
enrolled in HFRP as provided in the HFRP restoration plan. The HFRP 
restoration plan may include periodic manipulation to maximize wildlife 
habitat and preserve forest ecosystem functions

[[Page 451]]

and values over time and measures that are needed to provide the 
Landowner Protections under section 7(b)(4) or section 10(a)(1) of the 
ESA, including the cost of any permit.
    (b) Landowner Protections may be made available to landowners 
enrolled in the HFRP who agree, for a specified period, to restore, 
protect, enhance, maintain, and manage the habitat conditions on their 
land in a manner that is reasonably expected to result in a net 
conservation benefit that contributes to the recovery of listed species 
under the Endangered Species Act (ESA). These protections operate with 
lands enrolled in the HFRP and are valid for as long as the landowner is 
in compliance with the terms and conditions of such assurances, any 
associated permit, the easement, and the restoration agreement.
    (c) If the Landowner Protections, or any associated permit, require 
the adoption of a practice or measure in addition to the practices and 
measures identified in the applicable HFRP restoration plan, NRCS and 
the landowner will incorporate the practice or measure into the HFRP 
restoration plan as an item eligible for cost-share assistance.
    (d) Failure to perform planned management activities can result in 
violation of the easement, 10-year cost-share agreement, or the 
agreement under which Landowner Protections have been provided. NRCS 
will work with landowners to plan appropriate management activities.
    (e) The amount and terms and conditions of the cost-share assistance 
shall be subject to the following restrictions on the costs of 
establishing or installing practices or implementing measures specified 
in the HFRP restoration plan:
    (1) On enrolled land subject to an easement of not more than 99 
years, NRCS shall offer to pay not less than 75 percent nor more than 
100 percent of the average cost;
    (2) On enrolled land subject to a 30-year easement, NRCS shall offer 
to pay not more than 75 percent of the average cost; and
    (f) On enrolled land subject to a 10-year cost-share agreement 
without an associated easement, NRCS shall offer to pay not more than 50 
percent of the average costs.
    (g) Cost-share payments may be made only upon a determination by the 
NRCS that an eligible practice or measure, or an identifiable component 
of the practice has been established in compliance with appropriate 
standards and specifications. Identified practices and measures may be 
implemented by the landowner or other designee.
    (h) Cost-share payments may be made for the establishment and 
installation of additional eligible practices and measures, or the 
maintenance or replacement of an eligible practice or measure, but only 
if NRCS determines the practice or measure is needed to meet the 
objectives of HFRP, and the failure of the original practices or 
measures was due to reasons beyond the control of the landowner.
    (i) A landowner may seek additional cost-share assistance from other 
public or private organizations as long as the activities funded are in 
compliance with this part. In no event shall the landowner receive an 
amount which exceeds 100 percent of the total actual cost of the 
restoration.