S. 2566 – Forest Legacy Management Flexibility Act

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Updated November 23, 2025 at 11:05 PM UTC

The Forest Legacy Management Flexibility Act amends the Cooperative Forestry Assistance Act to give states the ability to let qualified nonprofit or land‑trust groups hold and manage conservation easements under the Forest Legacy Program. It establishes criteria for what counts as a qualified organization, outlines how the Secretary of Agriculture can authorize state approvals, and includes a reversion mechanism if the organization fails to meet its duties. The changes aim to expand the pool of entities that can help protect forest lands while keeping oversight at the state and federal level.

Key Provisions

Creates a new “Third‑Party Conservation Easements” category that lets states approve qualified nonprofit or land‑trust organizations to acquire, hold, and manage Forest Legacy Program easements.
Defines a “qualified organization” as one that meets IRS charitable status, is operated primarily for conservation, has no enforcement actions related to easement donations, and holds accreditation from the Land Trust Accreditation Commission (or its successor).
Requires the Secretary of Agriculture to authorize a state to approve such organizations when the state requests it, and the organization must show it can acquire, monitor, and enforce easements consistent with the program’s goals and the state’s assessment of need.
Sets a reversion clause: if an organization can’t meet its responsibilities, modifies the easement contrary to program purposes, or transfers the easement to an unapproved party, the easement’s interest reverts to the state or another approved qualified organization.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S4999: 2)

Agriculture, Nutrition, and Forestry Committee

July 31, 2025

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SenateIntro Referral

Introduced in Senate

July 31, 2025

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S4999: 2)

Agriculture, Nutrition, and Forestry Committee

July 31, 2025

Floor Debate

4 members

What members said about S. 2566 on the floor

2 Republicans2 Democrats

Sen. Alex PadillaD-CA · Jul 31, 2025

Mr. President, I rise today to introduce the bipartisan Forest Legacy Management Flexibility Act, which would give States the option to designate accredited nonprofit land trusts to hold conservation…

Mr. President, I rise today to introduce the bipartisan Forest Legacy Management Flexibility Act, which would give States the option to designate accredited nonprofit land trusts to hold conservation easements purchased with Federal funding from the U.S. Forest Service's Forest Legacy Program.

As my colleagues may know, the Forest Legacy Program is a conservation program administered by the U.S. Forest Service, in partnership with State agencies, that encourages the protection of privately owned forestlands through conservation easements or land purchases.

Protection of private forests through FLP maintains a multitude of public benefits, including opportunities to hunt, fish, and camp; clean and abundant drinking water; habitats for fish and wildlife; and timber, fuel wood, and other forest products. Since its creation in 1990, FLP has conserved over 3 million acres of forestland and expanded across the country to 53 States and territories.

Current law requires that Federal or State governments hold conservation easements purchased under the Forest Legacy Program. This bill would amend this existing law to ensure that States have the option to designate accredited nonprofit land trusts to hold conservation easements purchased with Federal funding from the U.S. Forest Service's Forest Legacy Program.

I would like to thank Senator Sheehy for working with me on this crucial piece of legislation. I also want to extend my appreciation to Representatives Garamendi and Calvert for leading the House version of this bill.

Mr. President, I rise to speak in support of the Transportation Emergency Relief Extension Act, which I introduced today.

When disasters strike, entire communities are left to pick up the pieces. Families lose their homes, businesses are destroyed, and essential infrastructure is severely damaged. In the wake of natural disasters like the California wildfires in January or the severe flooding that devastated Texas just a month ago, many States turn to the Federal Highway Administration's Emergency Relief Program to rebuild highways, roads, and bridges.

This program is essential, but as it currently stands, its regulations include rigid deadlines that do not reflect realities on the ground. Under current law, the Department of Transportation can claw this money back if the state has not initiated the funded projects by the end of the second fiscal year following the disaster.

While this requirement was designed to encourage prompt action, in practice it often punishes States for circumstances beyond their control, even when they strive to initiate their projects in a timely manner.

These include ongoing supply chain disruptions that have driven up the cost of materials and caused long lead times for equipment and lengthy regulatory steps such as environmental reviews and other permitting challenges. The delays caused by these hurdles are not due to the lack of effort by States; they are simply the reality of rebuilding critical, large-scale infrastructure.

While States can request 1-year extensions of these funds, those extensions are not guaranteed. Additionally, the lengthy DOT review process adds another layer of uncertainty that complicates States' efforts to plan and execute long-term recovery projects.

The bipartisan, bicameral Transportation Emergency Relief Extension Act would give States additional time to use the emergency relief funds they have been allocated, ensuring they do not lose out on critical funding because of factors they cannot control.

This extension is not about delaying progress: it is about giving States the flexibility they need to complete these projects responsibly, efficiently, and without the looming threat of losing Federal support just as they get underway.

When a community is struck by disaster, recovery is long and challenging. This commonsense legislation will help the Federal Government strengthen our role as a partner in that recovery. I want to thank Senator Cornyn for coleading this bill with me, and I hope our colleagues will join us to ensure that all our communities have the support they need to rebuild strong, resilient infrastructure when they need it most.

Sen. Alex PadillaD-CA · Jul 31, 2025

Mr. President, I rise today to introduce the bipartisan Forest Legacy Management Flexibility Act, which would give States the option to designate accredited nonprofit land trusts to hold conservation…

Sen. John ThuneR-SD · Jul 31, 2025

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · Jul 31, 2025

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. John BarrassoR-WY · Jul 31, 2025

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued July 31, 2025

II

119th CONGRESS

1st Session

S. 2566

IN THE SENATE OF THE UNITED STATES

July 31, 2025

Mr. Padilla (for himself and Mr. Sheehy) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Cooperative Forestry Assistance Act of 1978 to authorize States to approve certain organizations to acquire, hold, and manage conservation easements under the Forest Legacy Program, and for other purposes.

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

(a)

State authorization

Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended—

(1)

in subsection (l)—

(A)

in paragraph (2)(A), by striking subsection (m) and inserting subsection (n); and

(B)

in paragraph (3)—

(i)

in subparagraph (A), by striking the State of Vermont and inserting any State; and

(ii)

in subparagraph (B)(ii), in the matter preceding subclause (I), by striking State of Vermont and inserting applicable State;

(2)

by redesignating subsection (m) as subsection (n); and

(3)

by inserting after subsection (l) the following:

(m)

Third-Party conservation easements

(1)

Definition of qualified organization

In this subsection, the term qualified organization means an organization that—

(A)

is a qualified organization (as defined in section 170(h)(3) of the Internal Revenue Code of 1986);

(B)

is organized for, and at all times since the formation of the organization has been operated principally for, one or more conservation purposes (as defined in section 170(h)(4)(A) of that Code);

(C)

has not been the subject of any criminal or civil enforcement action taken by the Attorney General or the Commissioner of the Internal Revenue Service pertaining to the charitable donation of conservation easements under that Code; and

(D)

has been awarded, and at all times thereafter has maintained, accredited status by the Land Trust Accreditation Commission, or if that Commission ceases to exist, a successor organization that offers substantially similar accreditation and is approved by the Secretary for purposes of this section.

(2)

Authorization

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.

(3)

Eligibility

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—

(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.

(4)

Reversion

If the Secretary or a State determines a condition described in paragraph (5) 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 (3).

(5)

Conditions for reversion

A condition referred to in paragraph (4) is, with respect to a conservation easement acquired, held, and managed by a qualified organization under this subsection, 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 (3)(B).

(C)

The conservation easement has been conveyed to another person (other than a qualified organization determined eligible by the Secretary under paragraph (3) and approved by the State).

.

(b)

Technical corrections

Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended—

(1)

in subsection (i), in the first sentence, by striking subsection (b) and inserting subsection (c);

(2)

in subsection (l)(3)(B)(i)(II), by adding and after the semicolon at the end; and

(3)

in subsection (n) (as redesignated by subsection (a)(2)), in the subsection heading, by striking Appropriation and inserting Authorization of appropriations.