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16 U.S.C. § 6516 — Environmental analysis

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6516 — Environmental analysis

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Source file: Laws/federal/codes/united-states-code/title-16/section-6516-environmental-analysis--9018811b74.md
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Source location: Title 16, Chapter 84, § 6516; chapter-084-healthy-forest-restoration.md

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**(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) Alternative analysis process for projects in wildland-urban interface** (1) **Proposed agency action and 1 action alternative** — For an authorized hazardous fuel reduction project that is proposed to be conducted in the wildland-urban interface, the Secretary is not required to study, develop, or describe more than the proposed agency action and 1 action alternative in the environmental assessment or environmental impact statement prepared 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)). (2) **Proposed agency action** — Notwithstanding paragraph (1), but subject to paragraph (3), if an authorized hazardous fuel reduction project proposed to be conducted in the wildland-urban interface is located no further than 1½ miles from the boundary of an at-risk community, the Secretary is not required to study, develop, or describe any alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared 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)). (3) **Proposed agency action and community wildfire protection plan alternative** — In the case of an authorized hazardous fuel reduction project described in paragraph (2), if the at-risk community has adopted a community wildfire protection plan and the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared 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)). **(e) Public notice and meeting** (1) **Public notice** — The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and administrative guidelines. (2) **Public meeting** — During the preparation stage of each authorized hazardous fuel reduction project, the Secretary shall— (A) conduct a public meeting at an appropriate location proximate to the administrative unit of the Federal land on which the authorized hazardous fuel reduction project will be conducted; and (B) provide advance notice of the location, date, and time of the meeting. **(f) Public collaboration** In order to encourage meaningful public participation during preparation of authorized hazardous fuel reduction projects, the Secretary shall facilitate collaboration among State and local governments and Indian tribes, and participation of interested persons, during the preparation of each authorized fuel reduction project in a manner consistent with the Implementation Plan. **(g) Environmental analysis and public comment** In accordance with 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)) and the applicable regulations and administrative guidelines, the Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement for an authorized hazardous fuel reduction project. **(h) Decision document** The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2104 — Forest health protection

**(a) In general** The Secretary may protect trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other lands in the United States, from natural and man-made causes, to— (1) enhance the growth and maintenance of trees and forests; (2) promote the stability of forest-related industries and employment associated therewith through the protection of forest resources; (3) aid in forest fire prevention and control; (4) conserve forest cover on watersheds, shelterbelts, and windbreaks; (5) protect outdoor recreation opportunities and other forest resources; and (6) extend timber supplies by protecting wood products, stored wood, and wood in use. **(b) Activities** Subject to subsections (c), (d), and (e) and to such other conditions the Secretary may prescribe, the Secretary may, directly on the National Forest System, in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters, or equivalent State officials, subdivisions of States, agencies, institutions, organizations, or individuals on non-Federal lands— (1) conduct surveys to detect and appraise insect infestations and disease conditions and man-made stresses affecting trees and establish a monitoring system throughout the forests of the United States to determine detrimental changes or improvements that occur over time, and report annually concerning such surveys and monitoring; (2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees; (3) plan, organize, direct, and perform measures the Secretary determines necess

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2104

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6517 — Special administrative review process

**(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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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6516 — Judicial review in United States district

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. § 6516

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4332

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