PolicyBrief
S. 1050
119th CongressMar 13th 2025
Forest Conservation Easement Program Act of 2025
IN COMMITTEE

The Forest Conservation Easement Program Act of 2025 restructures forest conservation easements into a new program focusing on working forests and species protection while repealing the existing Healthy Forests Reserve Program.

Kirsten Gillibrand
D

Kirsten Gillibrand

Senator

NY

LEGISLATION

New Forest Conservation Program Authorized for $500M, Exempts Payments from Farm Income Caps

If you’ve ever tried to read federal legislation, you know it’s usually just a lot of renaming and moving boxes around. The Forest Conservation Easement Program Act of 2025 is a perfect example of that, but it has some serious real-world implications, especially for landowners and taxpayers.

This bill essentially shuts down the old Healthy Forests Reserve Program (HFRP) and replaces it with the brand-new Forest Conservation Easement Program (FCEP). It’s not just a name change; it’s a complete restructuring of how the federal government pays to keep forests healthy, and it’s backed by a hefty $100 million authorization for each fiscal year from 2025 through 2029.

The New Forest Rules: Working vs. Species Protection

The FCEP sets up two distinct paths for forest conservation, which is where the rubber meets the road for landowners and conservation groups. Both paths use easements—legal agreements that restrict development on the land forever, or for a very long time, in exchange for payment.

First, there are Forest Land Easements. These are for working forests, meaning the goal is to keep the land productive while limiting non-forest development. In this scenario, the federal government gives money (generally 50% of the easement’s value) to an approved entity—like a local land trust or non-profit—which then buys the easement from the landowner. If you’re a landowner with an existing forest management plan, you get priority for these federal dollars. If you’re a socially disadvantaged forest landowner, the federal share jumps up to 75%, which is a big deal for making conservation affordable.

Second, there are Forest Reserve Easements. These are laser-focused on habitat protection. Here, the landowner deals directly with the Secretary of Agriculture, and the money is prioritized based on the benefit to threatened or endangered species. If you enroll your land here, you get paid for the easement and up to 100% of the costs to restore the habitat, though there’s a cap of $500,000 per easement. This is a direct incentive for landowners to become active partners in species recovery.

The Fine Print: Where the Money Gets Interesting

While the conservation goals are laudable, one section of the bill stands out and warrants close attention: the funding rules. The bill explicitly states that payments received under this new FCEP are exempt from the usual limits on adjusted gross income and payment attribution that apply to other farm programs. This is a significant loophole.

Most federal farm programs have rules designed to ensure that the bulk of taxpayer money goes to actual working farmers, not massive corporate operations or wealthy individuals who don't need the subsidy. By exempting FCEP payments from these caps, the bill opens the door for very large, wealthy landowners to receive potentially massive federal payouts for conservation easements without facing the financial limits that apply to other conservation or commodity programs. This could allow a small number of entities to absorb a disproportionate share of the $100 million authorized each year.

What About the Old Program?

If you were already enrolled in the old Healthy Forests Reserve Program (HFRP), don't panic. The bill repeals the program but is careful to protect existing deals. Any contract or agreement signed under the old HFRP remains 100% valid, and the government must continue to provide payments and technical help. They even allow the Secretary to use the new FCEP funds to honor those existing commitments, ensuring continuity for those who already made long-term land decisions based on federal promises.

In short, this legislation is a major administrative overhaul intended to streamline forest conservation and prioritize species protection, with a welcome focus on providing better funding for smaller and disadvantaged landowners. But the exemption from standard payment limitations is a detail that could allow the biggest players to clean up, raising questions about equitable distribution of these significant taxpayer funds.