16 U.S.C. § 6592c — Emergency actions

Page 2632 TITLE 16—CONSERVATION § 6592c (C) in a wilderness study area; or (D) in an area in which carrying out the activity would be inconsistent with the ap- plicable land management plan or resource management plan. (4) Extraordinary circumstances The Secretary concerned shall apply the ex- traordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regu- lations (or a successor regulation), in deter- mining whether to use a categorical exclusion under subsection (b). (d) Acreage and location limitations Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)— (1) may not contain treatment units in ex- cess of 3,000 acres; (2) shall be located primarily in— (A) the wildland-urban interface or a pub- lic drinking water source area; (B) if located outside the wildland-urban interface or a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or (C) an insect or disease area designated by the Secretary concerned as of November 15, 2021; and (3) shall consider the best available sci- entific information. (e) Roads (1) Permanent roads A project under this section shall not in- clude the establishment of permanent roads. (2) Existing roads The Secretary concerned may carry out nec- essary maintenance and repairs on existing permanent roads for the purposes of this sec- tion. (3) Temporary roads The Secretary concerned 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 completed. (f) Public collaboration To encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project— (1) collaboration among State and local gov- ernments and Indian Tribes; and (2) participation of interested persons. (Pub. L. 117–58, div. D, title VIII, § 40806, Nov. 15, 2021, 135 Stat. 1110.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. DEFINITIONS For definition of ‘‘Indian Tribe’’ as used in this sec- tion, see section 5304 of Title 25, Indians, as made appli- cable by section 18701(2) of Title 42, The Public Health and Welfare. § 6592c. Emergency actions (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 cul- tural 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 re- sources on National Forest System land or adjacent land. (3) Emergency situation determination The term ‘‘emergency situation determina- tion’’ means a determination made by the Sec- retary 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. (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). (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 re- spect to National Forest System land. Page 2633 TITLE 16—CONSERVATION § 6592d (B) Review An emergency situation determination shall not be subject to objection under the predecisional administrative review proc- esses under part 218 of title 36, Code of Fed- eral Regulations (or successor regulations). (C) Basis of determination An emergency situation determination shall be based on an examination of the rel- evant information. (2) Authorized emergency actions After making an emergency situation deter- mination with respect to National Forest Sys- tem land, the Secretary may carry out author- ized emergency actions on that National For- est System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural re- sources on National Forest System land or ad- jacent land, including through— (A) the salvage of dead or dying trees; (B) the harvest of trees damaged by wind or ice; (C) the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease; (D) the reforestation or replanting of fire- impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and re- store forest species; (E) the removal of hazardous trees in close proximity to roads and trails; (F) the removal of hazardous fuels; (G) the restoration of water sources or in- frastructure; (H) the reconstruction of existing utility lines; and (I) the replacement of underground cables. (3) Relation to land and resource management plans Any authorized emergency action carried out under paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource manage- ment plan. (c) Environmental analysis (1) Environmental assessment or environ- mental impact statement If the Secretary determines that an author- ized emergency action requires an environ- mental assessment or an environmental im- pact statement pursuant to section 4332(2) of title 42, the Secretary shall study, develop, and describe— (A) the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent prac- ticable; and (B) the alternative of no action. (2) Public notice The Secretary shall provide notice of each authorized emergency action that the Sec- retary determines requires an environmental assessment or environmental impact state- ment under paragraph (1), in accordance with applicable regulations and administrative guidelines. (3) Public comment The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environ- mental impact statement under paragraph (1). (4) Savings clause Nothing in this subsection prohibits the Sec- retary from— (A) making an emergency situation deter- mination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regula- tions (or successor regulations); or (B) taking an emergency action under sec- tion 220.4(b) of title 36, Code of Federal Reg- ulations (or successor regulations). (d) Administrative review of authorized emer- gency actions An authorized emergency action carried out under this section shall not be subject to objec- tion under the predecisional administrative re- view processes established under section 6515 of this title and section 428 of the Department of the Interior, Environment, and Related Agen- cies Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112–74). (e) Judicial review of emergency actions A court shall not enjoin an authorized emer- gency action under this section if the court de- termines that the plaintiff is unable to dem- onstrate that the claim of the plaintiff is likely to succeed on the merits. (f) Notification and guidance The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section. (Pub. L. 117–58, div. D, title VIII, § 40807, Nov. 15, 2021, 135 Stat. 1112.) Editorial Notes CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 6592d. Joint Chiefs Landscape Restoration Partnership program (a) Definitions In this section: