Healthy Forest Reserve Program Overview

2006 Arkansas Pilot Program General Information

Background and Purpose

            (1)The purpose of the Health Forests Reserve Program (HFRP) is to assist landowners, on a voluntary basis, in restoring, enhancing, and protecting forestland resources on private lands through easements and 10-year cost share agreements.  This is not a farm bill program.  It is a result of the President Healthy Forest Initiative.

            (2) The objectives of HFRP are to:

                        (i) Promote the recovery of endangered and threatened species under the ESA.;

                        (ii)  Improve plant and animal biodiversity;

                        (iii) Enhance carbon sequestration; and,

                        (vi) Provide landowners security from the endangered species act through safe harbor agreements.

Program Requirements

            (1) General. Under the HFRP, NRCS will purchase conservation easements (30 year or 99 year) 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 in the 2006 pilot program, 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 red cockaded woodpeckers, or measurably improve the well-being of the species and conduct other measures beneficial to (list other species).

            (2) Since habitat conducive to an endangered species (RCW) will be created, landowners will have the option to sign an agreement that will offer safe harbor agreement like protections.  These protections will provide protection to landowners and allow “incidental take” of RCWs. 

Safe Harbor Agreement

            (1) General.  A Safe Harbor Agreement (SHA) is a voluntary agreement between the landowner, the NRCS and the FWS.  The SHA requires that the landowner carry out specific management activities (HFRP management plan) that will provide a net conservation benefit to the red cockaded woodpecker.  At the end of the agreement (end of contract, easement) the SHA allows the landowner to return his property to its baseline condition and to incidentally take red cockaded woodpeckers without fear of prosecution.  The baseline condition will be determined by representatives of the FWS and the NRCS before an easement or contract is finalized.  Assurances of the SHA are effective on enrolled lands as long as the landowner complies with terms of the HFRP management plan. 

Landowner Eligibility

To be eligible to enroll an easement, or contract, in the HFRP, a person must:

            (1) Be the landowner of eligible land for which enrollment is sought; and

            (2) Agree to provide all information to NRCS to assist in its determination of eligibility for program benefits and for other program implementation purposes.

            (3) Industrial landowners are eligible for HFRP.

Eligible Land

The following eligibility criteria are specific to the 2006 pilot program in Arkansas.

            (1) Eligible lands fall within those parts of the Bayou DeLoutre, Lower Ouachita and Lower Saline watersheds that lie within Ashley, Bradley, Calhoun, Drew, Ouachita and Union Counties (map attached). 

            (2) Eligible lands must contain at least 90% forest or planed forest land (less than 10% pasture);

            (3) 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 red cockaded woodpeckers; and

            (4) NRCS may also enroll land adjacent to the restored forestland, in addition to the maximum 10% pasture, 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;

            (5) 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.  (This means that easements boundaries can be squared off to simplify boundaries even if habitat that will not be capable of supporting red cockaded woodpeckers is included.)

            (6) Tracts of land that lay both in and out of the area of interest must have at least 50% of their eligible acreage as described in bullet 2 above within the boundaries described above to be eligible.

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 (such as WRP easements); and

            (3) Lands where implementation of restoration practices would be futile due to on-site or off-site conditions.

Eligible Practices

The following practices are available for use in completing HFRP management plans:

Restoration Plan Creation

            (1) Restoration contracts for 10-year cost share agreements will be based on plans developed using Toolkit.  All restoration measures other than periodic management practices such as prescribed burning should be completed at least one year prior to expiration of the contract.  Restoration contracts for cost share agreements may be modified to change the schedule of implementation when weather and other environmental reasons delay practice implementation.

            (2) Restoration contracts for 30 and 99 year easements will be based on plans developed using Toolkit.  These contracts should address the first 10 years the property is under easement and costs should be estimated for that time period only.   Restoration contracts for easements may be modified to reschedule planned practices to exceed the original ten years when weather and other environmental reasons delay practice implementation.

            (3)  Management plans will be developed to address the entire length of the easement to the extent practical based on current expectations.  Since forest management is extremely dynamic, management plans will be reviewed and updated every ten years.

            (4) Properties with an existing forest stand, other than plantation pine that has not received a first thinning containing more than 80 basal area will be thinned to a maximum of 60 basal area.  Any thinning of plantation pine will result in a maximum remaining stand density of 60 basal area.

            (5) If thinning is required, the landowner has until the end of the 3rd year of the contract to accomplish it.  If thinning is not done the 1st year, a prescribed burn will be planned in its place.

            (6) Prescribed burning will be planned to occur every 3rd year but will be allowed on a 4 year rotation between burns to account for environmental conditions that might delay a burn.

Compensation For Enrollment

Compensation rates for easements will be determined using the Yellow Book Appraisal Process.  Easement compensation may be distributed in no more than 10 annual payment (of equal or unequal value) as agreed by the NRCS and the landowner.  No compensation (other than cost share) will be given to landowners enrolled in a 10-year cost share agreements.

            (1) For 99 year easements, the NRCS  will pay 100% of the Yellow Book appraised value.

            (2) For 30 year easements, the NRCS will pay 75% of the Yellow Book appraised value.

Cost Share Payments

The NRCS may share the costs of restoration with landowners enrolled in HFRP, based on restoration plan guidelines.  Cost share rates will be consistent with the  approved state cost share list in effect at the time the cost share agreement is signed, or the easement purchase is closed. All cost share percentages will be based on this approved state cost share list and not necessarily on actual expenses incurred, except that no more than 100% of actual costs may be paid.

            (1) For 99 year easements, the NRCS  will pay 100% cost share to the landowner.

            (2) For 30 year easements, the NRCS  will pay 75% cost share to the landowner.

            (3) For 10-year agreements, the NRCS  will pay 50% cost share to the landowner.

Appeal Procedures

Refer to the Conservation Programs Manual for information regarding the appeals process.

Last Modified: 07/12/2006

< Back to HFRP