HR2771-119

1. Short title This Act may be cited as the Forest Legacy Management Flexibility Act.

2. Authority of States to allow qualified organizations to acquire, hold, and manage conservation easements under the Forest Legacy Program Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended— in subsection (l)— in paragraph (2), by striking subsection (m) and inserting subsection (o); and in paragraph (3)— in subparagraph (A), by striking the State of Vermont and inserting any State; and in subparagraph (B)(ii), in the matter preceding subclause (I), by striking of Vermont and inserting involved; by redesignating subsection (m) as subsection (o); and by inserting after subsection (l) the following: At the request of a State, the Secretary shall authorize the State to approve eligible qualified organizations to acquire, hold, and manage conservation easements to carry out activities under the Forest Legacy Program. To be eligible to acquire, hold, and manage a conservation easement under this subsection, a qualified organization shall demonstrate to the Secretary the abilities necessary to acquire, monitor, and enforce interests in forestland— consistent with the Forest Legacy Program; and in accordance with the applicable assessment of need submitted to the Secretary by the State in which the conservation easement is located. If the Secretary or a State determines a condition described in paragraph (4) is met with respect to a conservation easement— all right, title, and interest of the qualified organization in and to the conservation easement shall terminate; and all right, title, and interest in and to the conservation easement shall revert to the State or, if approved by the State, another qualified organization determined eligible by the Secretary under paragraph (2). A condition described in this paragraph is, with respect to a conservation easement acquired, held, and managed by a qualified organization, any of the following: The qualified organization is unable to carry out the responsibilities of the qualified organization under the Forest Legacy Program with respect to the conservation easement. The conservation easement has been modified in a way that is inconsistent with the purposes of the Forest Legacy Program or the applicable assessment of need described in paragraph (2)(B). The conservation easement has been conveyed to another person (other than a qualified organization determined eligible by the Secretary under paragraph (2) and approved by the State). In this section, the term qualified organization means an organization that— is a qualified organization, as defined in section 170(h)(3) of the Internal Revenue Code of 1986; is organized for, and at all times since the formation of the organization, has been operated principally for one or more of the conservation purposes described in section 170(h)(4)(A) of such Code; has not been the subject of any criminal or civil enforcement action taken by the Attorney General of the United States or the Commissioner of the Internal Revenue Service pertaining to the charitable donation of conservation easements under such Code; and has been awarded, and at all times thereafter maintained, accredited status by the Land Trust Accreditation Commission, or if such Commission ceases to exist, a successor organization that offers substantially similar accreditation and is approved by the Secretary for purposes of this section. Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is further amended— in subsection (i), by striking subsection (b) and inserting subsection (c); in subsection (l)(3)(B)(i)(II), by inserting and after the semi-colon at the end; and in the header of subsection (o), as redesignated by this section, by striking Appropriation and inserting Authorization of appropriations. (m)Third-Party conservation easements (1)In generalAt the request of a State, the Secretary shall authorize the State to approve eligible qualified organizations to acquire, hold, and manage conservation easements to carry out activities under the Forest Legacy Program. (2)EligibilityTo be eligible to acquire, hold, and manage a conservation easement under this subsection, a qualified organization shall demonstrate to the Secretary the abilities necessary to acquire, monitor, and enforce interests in forestland— (A)consistent with the Forest Legacy Program; and (B)in accordance with the applicable assessment of need submitted to the Secretary by the State in which the conservation easement is located. (3)ReversionIf the Secretary or a State determines a condition described in paragraph (4) is met with respect to a conservation easement— (A)all right, title, and interest of the qualified organization in and to the conservation easement shall terminate; and (B)all right, title, and interest in and to the conservation easement shall revert to the State or, if approved by the State, another qualified organization determined eligible by the Secretary under paragraph (2). (4)Conditions for reversionA condition described in this paragraph is, with respect to a conservation easement acquired, held, and managed by a qualified organization, any of the following: (A)The qualified organization is unable to carry out the responsibilities of the qualified organization under the Forest Legacy Program with respect to the conservation easement. (B)The conservation easement has been modified in a way that is inconsistent with the purposes of the Forest Legacy Program or the applicable assessment of need described in paragraph (2)(B). (C)The conservation easement has been conveyed to another person (other than a qualified organization determined eligible by the Secretary under paragraph (2) and approved by the State). (n)Qualified organization definedIn this section, the term qualified organization means an organization that— (1)is a qualified organization, as defined in section 170(h)(3) of the Internal Revenue Code of 1986; (2)is organized for, and at all times since the formation of the organization, has been operated principally for one or more of the conservation purposes described in section 170(h)(4)(A) of such Code; (3)has not been the subject of any criminal or civil enforcement action taken by the Attorney General of the United States or the Commissioner of the Internal Revenue Service pertaining to the charitable donation of conservation easements under such Code; and (4)has been awarded, and at all times thereafter maintained, accredited status by the Land Trust Accreditation Commission, or if such Commission ceases to exist, a successor organization that offers substantially similar accreditation and is approved by the Secretary for purposes of this section..