[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: 7CFR625.4]

[Page 447-448]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 625_HEALTHY FORESTS RESERVE PROGRAM--Table of Contents
 
Sec. 625.4  Program requirements.

    (a) General. Under the HFRP, NRCS will purchase conservation 
easements from, or enter into 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 forestland functions and 
values. Specific restoration, protection, enhancement, maintenance, and 
management activities may be undertaken by the landowner or other NRCS 
designee.
    (b) Landowner eligibility. To be eligible to enroll an easement in 
the HFRP, a person must:
    (1) Be the landowner of eligible land for which enrollment is 
sought; and
    (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.
    (c) Eligible land. (1) The NRCS, in coordination with FWS or NMFS, 
shall 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 and the restoration, protection, enhancement, 
maintenance, and management costs.
    (2) Land shall be considered eligible for enrollment in the HFRP 
only if the NRCS determines that:
    (i) Such private land is capable of supporting habitat for a 
selected species listed under Section 4 of the ESA; and
    (ii) Such private land is capable of supporting habitat for a 
selected species not listed under Section 4 of the ESA but is candidate 
for such listing, or the selected species is State-listed species, or is 
a species identified by the Chief for special consideration for funding.
    (3) NRCS may also enroll land adjacent to the restored forestland if 
the enrollment of such adjacent land would contribute significantly to 
the practical administration of the easement

[[Page 448]]

area, but not more than it determines is necessary for such 
contribution.
    (4) 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.
    (d) Ineligible land. The following land is not eligible for 
enrollment in the HFRP:
    (1) Lands owned by a governmental entity;
    (2) Land subject to an easement or deed restriction that already 
provides for the protection of wildlife habitat or which would interfere 
with HFRP purposes, as determined by NRCS; and
    (3) Lands where implementation of restoration practices would be 
futile due to on-site or off-site conditions.