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16 U.S.C. § 6517 — Special administrative review process
Federal law — U.S. Code and appendices · legal_authorities
**(a) Interim final regulations**
(1) **In general** — Not later than 30 days after December 3, 2003, the Secretary of Agriculture shall promulgate interim final regulations to establish a predecisional administrative review process for the period described in paragraph (2) that will serve as the sole means by which a person can seek administrative review regarding an authorized hazardous fuel reduction project on Forest Service land.
(2) **Period** — The predecisional administrative review process required under paragraph (1) shall occur during the period—
(A) beginning after the completion of the environmental assessment or environmental impact statement; and
(B) ending not later than the date of the issuance of the final decision approving the project.
(3) **Eligibility** — To be eligible to participate in the administrative review process for an authorized hazardous fuel reduction project under paragraph (1), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the project, specific written comments that relate to the proposed action.
(4) **Effective date** — The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations.
**(b) Final regulations** The Secretary shall promulgate final regulations to establish the process described in subsection (a)(1) after the interim final regulations have been published and reasonable time has been provided for public comment.
**(c) Administrative review**
(1) **In general** — A person may bring a civil action challenging an authorized hazardous fuel reduction project in a Federal district court only if the person has challenged the authorized hazardous fuel reduction project by exhau
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6517
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Source file: Laws/federal/codes/united-states-code/title-16/section-6517-special-administrative-review-process--681bdfd01a.md
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Source location: Title 16, Chapter 84, § 6517; chapter-084-healthy-forest-restoration.md
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**(a) Interim final regulations**
(1) **In general** — Not later than 30 days after December 3, 2003, the Secretary of Agriculture shall promulgate interim final regulations to establish a predecisional administrative review process for the period described in paragraph (2) that will serve as the sole means by which a person can seek administrative review regarding an authorized hazardous fuel reduction project on Forest Service land.
(2) **Period** — The predecisional administrative review process required under paragraph (1) shall occur during the period—
(A) beginning after the completion of the environmental assessment or environmental impact statement; and
(B) ending not later than the date of the issuance of the final decision approving the project.
(3) **Eligibility** — To be eligible to participate in the administrative review process for an authorized hazardous fuel reduction project under paragraph (1), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the project, specific written comments that relate to the proposed action.
(4) **Effective date** — The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations.
**(b) Final regulations** The Secretary shall promulgate final regulations to establish the process described in subsection (a)(1) after the interim final regulations have been published and reasonable time has been provided for public comment.
**(c) Administrative review**
(1) **In general** — A person may bring a civil action challenging an authorized hazardous fuel reduction project in a Federal district court only if the person has challenged the authorized hazardous fuel reduction project by exhausting—
(A) the administrative review process established by the Secretary of Agriculture under this section; or
(B) the administrative hearings and appeals procedures established by the Department of the Interior.
(2) **Issues** — An issue may be considered in the judicial review of an action under [section 6516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6516&num=0&edition=prelim) only if the issue was raised in an administrative review process described in paragraph (1).
(3) **Exception**
(A) *In general* — An exception to the requirement of exhausting the administrative review process before seeking judicial review shall be available if a Federal court finds that the futility or inadequacy exception applies to a specific plaintiff or claim.
(B) *Information* — If an agency fails or is unable to make information timely available during the administrative review process, a court should evaluate whether the administrative review process was inadequate for claims or issues to which the information is material.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In accordance with the Implementation Plan, the Secretary shall develop an annual program of work for Federal land that gives priority to authorized hazardous fuel reduction projects that provide for the protection of at-risk communities or watersheds or that implement community wildfire protection plans.
**(b) Collaboration**
(1) **In general** — The Secretary shall consider recommendations under subsection (a) that are made by at-risk communities that have developed community wildfire protection plans.
(2) **Exemption** — Chapter 10 of title 5 shall not apply to the planning process and recommendations concerning community wildfire protection plans.
**(c) Administration**
(1) **In general** — Federal agency involvement in developing a community wildfire protection plan, or a recommendation made in a community wildfire protection plan, shall not be considered a Federal agency action under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
(2) **Compliance** — In implementing authorized hazardous fuel reduction projects on Federal land, the Secretary shall, in accordance with [section 6514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6514&num=0&edition=prelim), comply with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
**(d) Funding allocation**
(1) **Federal land**
(A) *In general* — Subject to subparagraph (B), the Secretary shall use not less than 50 percent of the funds allocated for authorized hazardous fuel reduction projects in the wildl
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6515
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized hazardous fuel reduction projects** Except as otherwise provided in this subchapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with—
(1) the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]; and
(2) other applicable laws.
**(b) Environmental assessment or environmental impact statement** The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2&num=0&edition=prelim)) for each authorized hazardous fuel reduction project.
**(c) Consideration of alternatives**
(1) **In general** — Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe—
(A) the proposed agency action;
(B) the alternative of no action; and
(C) an additional action alternative, if the additional alternative—
(i) is proposed during scoping or the collaborative process under subsection (f); and
(ii) meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality.
(2) **Multiple additional alternatives** — If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall—
(A) select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and
(B) provide a written record describing the reasons for the selection.
**(d) Alte
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6516
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to reduce wildfire risk to communities, municipal water supplies, and other at-risk Federal land through a collaborative process of planning, prioritizing, and implementing hazardous fuel reduction projects;
(2) to authorize grant programs to improve the commercial value of forest biomass (that otherwise contributes to the risk of catastrophic fire or insect or disease infestation) for producing electric energy, useful heat, transportation fuel, and petroleum-based product substitutes, and for other commercial purposes;
(3) to enhance efforts to protect watersheds and address threats to forest and rangeland health, including catastrophic wildfire, across the landscape;
(4) to promote systematic gathering of information to address the impact of insect and disease infestations and other damaging agents on forest and rangeland health;
(5) to improve the capacity to detect insect and disease infestations at an early stage, particularly with respect to hardwood forests; and
(6) to protect, restore, and enhance forest ecosystem components—
(A) to promote the recovery of threatened and endangered species;
(B) to improve biological diversity; and
(C) to enhance productivity and carbon sequestration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6511
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development, maintenance, and revision by Secretary as part of program; coordination** As a part of the Program provided for by [section 1602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1602&num=0&edition=prelim), the Secretary shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies.
**(b) Criteria** In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
**(c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans** The Secretary shall begin to incorporate the standards and guidelines required by this section in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incorporation for all such units by no later than September 30, 1985. The Secretary shall report to the Congress on the progress of such incorporation in the annual report required by [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1606/c&num=0&edition=prelim). Until such time as a unit of the National Forest System is managed under plans developed in accordance with this subchapter, the management of such unit may continue under existing land and resource management plans.
**(d) Public participation and consultation**
(1) **In general** — The Secretary shal
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1604
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adequate notice and opportunity to comment** In exercising his authorities under this subchapter and other laws applicable to the Forest Service, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest Service programs.
**(b) Advisory boards** In providing for public participation in the planning for and management of the National Forest System, the Secretary, pursuant to chapter 10 of title 5 and other applicable law, shall establish and consult such advisory boards as he deems necessary to secure full information and advice on the execution of his responsibilities. The membership of such boards shall be representative of a cross section of groups interested in the planning for and management of the National Forest System and the various types of use and enjoyment of the lands thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1612
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Authorized emergency action** — The term “authorized emergency action” means an action carried out pursuant to an emergency situation determination issued under this section to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land.
(2) **Emergency situation** — The term “emergency situation” means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results:
(A) Relief from hazards threatening human health and safety.
(B) Mitigation of threats to natural resources on National Forest System land or adjacent land.
(3) **Emergency situation determination** — The term “emergency situation determination” means a determination made by the Secretary under subsection (b)(1)(A).
(4) **Land and resource management plan** — The term “land and resource management plan” means a plan developed under [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim).
(5) **National Forest System land** — The term “National Forest System land” means land of the National Forest System (as defined in [section 1609(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1609/a&num=0&edition=prelim)).
(6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
**(b) Authorized emergency actions to respond to emergency situations**
(1) **Determination**
(A) *In general* — The Secretary may make a determination that an emergency situation exists with respect to National Forest System land.
(B) *Review* — An emergency situat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6501
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time;
(2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated;
(3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program;
(4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources;
(5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1600
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Federal law — U.S. Code and appendices · legal_authorities
Page 2607
TITLE 16—CONSERVATION
§ 6518
Pub. L. 112–74, div. E, title IV, § 428, Dec. 23, 2011, 125
Stat. 1046, provided that: ‘‘Hereafter, upon issuance of
final regulations, the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall apply
section 105(a) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6515(a)), providing for a pre-decisional
objection process, to proposed actions of the Forest
Service concerning projects and activities imple-
menting land and resource management plans devel-
oped under the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and
documented with a Record of Decision or Decision No-
tice, in lieu of subsections (c), (d), and (e) of section 322
of Public Law 102–381 ([former] 16 U.S.C. 1612 note), pro-
viding for an administrative appeal process: Provided,
That if the Chief of the Forest Service determines an
emergency situation exists for which immediate imple-
mentation of a proposed action is necessary, the pro-
posed action shall not be subject to the pre-decisional
objection process, and implementation shall begin im-
mediately after the Forest Service gives notice of the
final decision for the proposed action: Provided further,
That this section shall not apply to an authorized haz-
ardous fuel reduction project under title I of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501
et seq.) [probably should be 16 U.S.C. 6511 et seq.].’’
§ 6516. Judicial review in United States district
courts
(a) Venue
Notwithstanding section 1391 of title 28 or
other applicable law, an authorized hazardous
fuels reduction project conducted under this
subchapter shall be subject to judicial review
only in the United States district court for a
distri
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 6517
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.