16 U.S.C. § 6591d — Wildfire resilience projects

Page 2621 TITLE 16—CONSERVATION § 6591d 1 So in original. Probably should be ‘‘Code of Federal Regula- tions’’. DEFINITIONS Pub. L. 115–141, div. O, title II, § 201, Mar. 23, 2018, 132 Stat. 1062, provided that: ‘‘In this title [see Tables for classification]: ‘‘(1) NATIONAL FOREST SYSTEM.—The term ‘National Forest System’ has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). ‘‘(2) PUBLIC LAND.—The term ‘public land’ has the meaning given the term ‘public lands’ in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). ‘‘(3) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means— ‘‘(A) the Secretary of Agriculture, with respect to National Forest System land; and ‘‘(B) the Secretary of the Interior, with respect to public land.’’ § 6591d. Wildfire resilience projects (a) In general Hazardous fuels reduction projects, as defined in section 6511(2) of this title may be— (1) carried out in accordance with sub- sections (b), (c), and (d) of section 6512 of this title and sections 6514 and 6515 of this title; (2) considered an action categorically ex- cluded from the requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.); and (3) exempt from the special administrative review process under section 6515 of this title. (b) Collaborative restoration project (1) In general A project referred to in subsection (a) is a project to carry out forest restoration treat- ments that— (A) maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and dis- ease, and reduce the risk or extent of, or in- crease the resilience to, wildfires; (B) considers the best available scientific information to maintain or restore the eco- logical integrity, including maintaining or restoring structure, function, composition, and connectivity; and (C) is developed and implemented through a collaborative process that— (i) includes multiple interested persons representing diverse interests; and (ii)(I) is transparent and nonexclusive; or (II) meets the requirements for a re- source advisory committee under sub- sections (c) through (f) of section 7125 of this title. (2) Inclusion A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title. (c) Limitations (1) Project size A project under this section may not exceed 3000 acres. (2) Location A project under this section shall be— (A) Prioritized within the wildland-urban interface; (B) If located outside the wildland-urban interface, limited to areas within Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that contain very high wildfire hazard potential; and (C) Limited to areas designated under sec- tion 6591a(b) of this title as of March 23, 2018. (3) Roads (A) Permanent roads (i) Prohibition on establishment A project under this section shall not in- clude the establishment of permanent roads. (ii) Existing roads The Secretary may carry out necessary maintenance and repairs on existing per- manent roads for the purposes of this sec- tion. (B) Temporary roads The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is com- pleted. (4) Extraordinary circumstances The Secretary shall apply the extraordinary circumstances procedures under section 220.6 of title 36, code of Federal regulations 1 (or successor regulations), when using the cat- egorical exclusion under this section. (d) Exclusions This section does not apply to— (1) a component of the National Wilderness Preservation System; (2) any Federal land on which, by Act of Con- gress or Presidential proclamation, the re- moval of vegetation is restricted or prohib- ited; (3) a congressionally designated wilderness study area; or (4) an area in which activities under sub- section (a) would be inconsistent with the ap- plicable land and resource management plan. (e) Forest management plans All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 1604 of this title for the unit of the National Forest System containing the projects and activities. (f) Public notice and scoping The Secretary shall conduct public notice and scoping for any project or action proposed in ac- cordance with this section. (g) Accountability (1) In general The Secretary shall prepare an annual re- port on the use of categorical exclusions under this section that includes a description of all acres (or other appropriate unit) treated through projects carried out under this sec- tion. Page 2622 TITLE 16—CONSERVATION § 6591e (2) Submission Not later than 1 year after March 23, 2018, and each year thereafter, the Secretary shall submit the reports required under paragraph (1) to— (A) the Committee on Agriculture, Nutri- tion, and Forestry of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Agriculture of the House of Representatives; (D) the Committee on Natural Resources of the House of Representatives; and (E) the Government Accountability Office. (Pub. L. 108–148, title VI, § 605, as added Pub. L. 115–141, div. O, title II, § 202, Mar. 23, 2018, 132 Stat. 1062.) Editorial Notes REFERENCES IN TEXT Section 6511(2) of this title, referred to in subsec. (a), was in the original ‘‘the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2))’’ and was translated as re- ferring to section 101(2) of that Act, which is classified to section 6511(2) of this title and defines ‘‘authorized hazardous fuel reduction project’’. Public Law 91–190, referred to in subsec. (a)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, known as the Na- tional Environmental Policy Act of 1969, which is clas- sified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. March 23, 2018, referred to in subsec. (c)(2)(C), was in the original ‘‘the date of enactment of this Act’’ and was translated as meaning the date of enactment of Pub. L. 115–141, which enacted this section, to reflect the probable intent of Congress. § 6591e. Categorical exclusion for greater sage- grouse and mule deer habitat (a) Definitions In this section: (1) Covered vegetation management activity (A) In general The term ‘‘covered vegetation manage- ment activity’’ means any activity described in subparagraph (B) that— (i)(I) is carried out on National Forest System land administered by the Forest Service; or (II) is carried out on public land adminis- tered by the Bureau of Land Management; (ii) with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015; (iii) conforms to an applicable forest plan or land use plan; (iv) protects, restores, or improves great- er sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in— (I) Circular 1416 of the United States Geological Survey entitled ‘‘Restoration Handbook for Sagebrush Steppe Eco- systems with Emphasis on Greater Sage- Grouse Habitat—Part 1. Concepts for Un- derstanding and Applying Restoration’’ (2015); or (II) the habitat guidelines for mule deer published by the Mule Deer Work- ing Group of the Western Association of Fish and Wildlife Agencies; (v) will not permanently impair— (I) the natural state of the treated area; (II) outstanding opportunities for soli- tude; (III) outstanding opportunities for primitive, unconfined recreation; (IV) economic opportunities consistent with multiple-use management; or (V) the identified values of a unit of the National Landscape Conservation System; (vi)(I) restores native vegetation fol- lowing a natural disturbance; (II) prevents the expansion into greater sage-grouse or mule deer habitat of— (aa) juniper, pinyon pine, or other as- sociated conifers; or (bb) nonnative or invasive vegetation; (III) reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or (IV) provides emergency stabilization of soil resources after a natural disturbance; and (vii) provides for the conduct of restora- tion treatments that— (I) maximize the retention of old- growth and large trees, as appropriate for the forest type; (II) consider the best available sci- entific information to maintain or re- store the ecological integrity, including maintaining or restoring structure, func- tion, composition, and connectivity; (III) are developed and implemented through a collaborative process that— (aa) includes multiple interested per- sons representing diverse interests; and (bb)(AA) is transparent and non- exclusive; or (BB) meets the requirements for a re- source advisory committee under sub- sections (c) through (f) of section 7125 of this title; and (IV) may include the implementation of a proposal that complies with the eli- gibility requirements of the Collabo- rative Forest Landscape Restoration Program under section 7303(b) of this title. (B) Description of activities An activity referred to in subparagraph (A) is— (i) manual cutting and removal of juni- per trees, pinyon pine trees, other associ- ated conifers, or other nonnative or invasive vegetation; (ii) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding; (iii) removal of cheat grass, medusa head rye, or other nonnative, invasive vegeta- tion;